In Re: New York Skyline, Inc.
| New York Skyline, Inc. |
| New York Skyline, Inc. |
| Empire State Building Company L.L.C. |
| 1:2013cv07686 |
| October 30, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Shira A. Scheindlin |
| Appeal |
| 28 U.S.C. ยง 0158 |
| None |
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Filing
37
OPINION AND ORDER: For the foregoing reasons, I accept the Bankruptcy Court's proposed findings of fact and conclusions of law with respect to the Electricity Provision and reject the Bankruptcy Court's interpretation of "near the Buil ding" in the Protocol Provision. If it has not already done so, the Bankruptcy Court is directed to enter the proposed order and final judgment dismissing Skyline's Third Claim submitted by ESB on August 31, 2015; thereafter, the reference of this adversary proceeding shall be withdrawn from the Bankruptcy Court. The parties are directed to submit to this Court an agreed upon judgment addressing all claims in this adversary proceeding other than Skyline's Third Claim. SO ORDERED. (As further set forth within this Opinion.) (Signed by Judge Shira A. Scheindlin on 10/20/2015) (ajs)
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Filing
33
(OPINION FROM THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK re: 09-b-10181 (SMB) and Adv. P. No. 09-a-1145(SMB)) POST-REMAND OPINION REGARDING COURT'S AUTHORITY TO ISSUE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW: The Clerk of is directed to file a copy of this opinion with the District Court in case No. 13 Civ. 7686(SAS). (Signed by United States Bankruptcy Judge Stuart M. Bernstein on 8/26/2015) (tro)
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Filing
27
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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Filing
15
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).
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