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IN RE BLUE DOG AT 399 INC.

Case No.: 15-10694 (MEW). Adv. Proc. No.: 15-1097 (MEW).

540 B.R. 67 (2015)

IN RE: BLUE DOG AT 399 INC., Debtor. Blue Dog at 399 Inc., Plaintiff, v. BP 399 Park Avenue LLC, Defendant.

United States Bankruptcy Court, S.D. New York.

Signed October 27, 2015.

Attorney(s) appearing for the Case

WOLLMUTH MAHER & DEUTSCH LLP, Attorneys for Plaintiff Blue Dog at 399 Inc., 500 Fifth Avenue, 12th Floor, New York, N.Y. 10110, By: Paul R. DeFilippo , John D. Giampolo

COZEN O'CONNOR, Attorneys for Defendant BP 399 Park Avenue LLC, 277 Park Avenue, New York, N.Y. 10172, By: Frederick E. Schmidt

OPINION DENYING MOTION TO DISMISS

Before the Court is a motion to dismiss (the "Motion to Dismiss") filed by BP 399 Park Avenue LLC (the "Landlord") in the above-captioned adversary proceeding brought by Blue Dog at 399 Inc. (the "Debtor")....

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