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IN RE NEW YORK SKYLINE, INC.

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

471 B.R. 69 (2012)

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.

May 11, 2012.

Attorney(s) appearing for the Case

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

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

MEMORANDUM DECISION REGARDING MOTION FOR PARTIAL SUMMARY JUDGMENT

STUART M. BERNSTEIN, Bankruptcy Judge.

The parties to these two adversary proceedings have been locked in litigation for many years over their respective rights and obligations under a lease and license, amended from time to time, pertaining to the debtor's occupancy in the Empire State Building (the "Building"). The Empire State Building parties,...

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