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IN RE NEW YORK SKYLINE, INC.

Bankruptcy No. 09-10181 (SMB). Adversary Nos. 09-1107 (SMB), 09-1145(SMB).

432 B.R. 66 (2010)

In re NEW YORK SKYLINE, INC., Debtor. Empire State Building Company L.L.C. and Empire State Building, Inc., Plaintiffs, v. New York Skyline, Inc., Defendant. New York Skyline, Inc., Plaintiff, v. Empire State Building Company L.L.C., Empire State Building, Inc. and Empire State Building Associates L.L.C., Defendants.

United States Bankruptcy Court, S.D. New York.

June 21, 2010.

Attorney(s) appearing for the Case

Stern Tannenbaum & Bell LLP, David S. Tannenbaum, Esq., Francine S. Nisim, Esq., Karen S. Frieman, Esq., and Duane Morris LLP, Rudolph J. DiMassa, Esq., William C. Heuer, Esq., of Counsel, New York, NY, Attorneys for Empire State Building Company L.L.C., Empire State Building, Inc., and Empire State Building Associates L.L.C.

Backenroth Frankel & Krinsky, LLP, Mark Frankel, Esq., and Stewart Occhipinti, LLP, Charles A. Stewart, III, Esq., Frank S. Occhipinti, Esq., of Counsel, New York, NY, Attorneys for New York Skyline, Inc.

MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART CROSS-MOTIONS FOR SUMMARY JUDGMENT

STUART M. BERNSTEIN, Bankruptcy Judge.

At all relevant times, the debtor New York Skyline, Inc. ("Skyline") has operated a simulator attraction called "SkyRide" (the "Attraction") on the second floor of the Empire State Building (the "Building") in New York City. The Empire State Building Company L.L.C. ("ESBC") manages the Building, the Empire State Building, Inc...

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