In Re: New York Skyline, Inc.

Debtor: New York Skyline, Inc.
Appellant: New York Skyline, Inc.
Appellee: Empire State Building Company L.L.C.
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
October 20, 2015 37 Opinion or Order of the Court 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Third Claim submitted by ESB on August 31, 2015; thereafter, the reference of this adversary proceeding shall be withdrawn from the Bankruptcy Court.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)
August 26, 2015 33 Opinion or Order of the Court (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)
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)
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).

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