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IN RE PARK AVENUE GARAGE, LLC

Nos. 10-455-bk, 10-391-bk

IN RE: PARK AVENUE GARAGE, LLC, Debtor. 390 PARK AVENUE ASSOCIATES, LLC, Claimant-Appellant, v. PARK AVENUE GARAGE, LLC, Debtor-Appellee.

United States Court of Appeals, Second Circuit.

December 14, 2010.

Attorney(s) appearing for the Case

RALPH BERMAN , ( Adrian Zuckerman , on the brief), Epstein, Becker & Green, P.C., New York, NY, for Appellant.

ROBERT R. LEINWAND , Robinson, Brog, Leinwand, Greene, Genovese & Gluck P.C., New York, NY, for Appellee.

PRESENT: WILFRED FEINBERG, BARRINGTON D. PARKER, RICHARD C. WESLEY, Circuit Judges.

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED.1

Claimant-Appellant, 390 Park Avenue Associates, LLC, ("Landlord" or "Appellant") appeals from a December 23, 2009 judgment of the United States District Court for the Southern District of New York (Berman J.), which affirmed two orders, dated June 1, 2009 and June...

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