In Re: New York Skyline, Inc.

Appellee: Empire State Building Company L.L.C.
Appellant: New York Skyline, Inc.
Debtor: New York Skyline, Inc.
Case Number: 1:2013cv07686
Filed: October 30, 2013
Court: New York Southern District Court
Office: Foley Square Office
County: NewYork
Presiding Judge: Shira A. Scheindlin
Nature of Suit: Appeal
Cause of Action: 28:0158
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
June 16, 2014 15 Opinion or Order of the Court OPINION AND ORDER. Accordingly, I hold that: (1) Skyline did not consent to the bankruptcy court's power to enter a final judgment over non-core matters; (2) Skyline's claims are not core; and (3) there is a need for a further explanation as to whether the bankruptcy court had the power to hear the Skyline claims and to issue proposed findings of fact and conclusions of law with respect to those claims. The Judgment is hereby vacated and this case is remanded to the bankruptcy court for the limited purposes just described. (Signed by Judge Shira A. Scheindlin on 6/16/2014) (lmb) (Main Document 15 replaced on 6/16/2014) (lmb).
August 1, 2014 27 Opinion or Order of the Court OPINION AND ORDER: On June 16, 2014, this Court issued an Opinion and Order which vacated an Order and Final Judgment issued by Judge Stuart Bernstein (the "Judgment") and remanded the case for further proceedings. ESB now moves pursuant to Rule 62(c) and (g) of the Federal Rules of Civil Procedure for an injunction or stay of the vacatur of the Judgment, and restoration of the Injunctions, pending the appeal. Oral argument was held on the motion on July 24, 2014. For the reasons set forth herein, ESB's motion is DENIED. (Signed by Judge Shira A. Scheindlin on 7/31/2014) (kgo)

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Appellee: Empire State Building Company L.L.C.
Represented By: David Scott Tannenbaum
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Appellant: New York Skyline, Inc.
Represented By: Charles Addison Stewart, III
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Debtor: New York Skyline, Inc.
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