16-22035-rdd Doc 170 Filed 02/22/16 Entered 02/22/16 17:25:33 Main Document Pg 1 of 2 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: Joyce Leslie, Inc., Chapter 11 Case No. 16-22035 (RDD) Debtor. THIRD NOTICE OF REJECTION OF EXECUTORY CONTRACT OR UNEXPIRED LEASE TO: The Parties Identified On Schedule 1 Attached Hereto PLEASE TAKE NOTICE that, on February 4, 2016, the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court ) entered an order [Docket No. 122] (the Procedures Order ) granting the Debtor s Motion For An Order Authorizing and Approving Procedures for Rejection of Executory Contracts and Unexpired Leases [Docket No. 46] (the Motion ), thereby approving certain contract and lease rejection procedures (the Rejection Procedures ). PLEASE TAKE FURTHER NOTICE that, pursuant to the terms of the Procedures Order, Joyce Leslie, Inc. (the Debtor ) hereby provides notice of its intent to reject the Contracts and/or Leases identified on Schedule 1 hereto (the Rejected Contracts and Leases ). PLEASE TAKE FURTHER NOTICE that, should you object to the Debtor s rejection of a Contract or Lease identified on Schedule 1, you must file and serve a written objection on (i) counsel to the Debtor, Goldberg Weprin Finkel Goldstein LLP, 1501 Broadway, 22nd Floor, New York, New York 10036 (Attn: Kevin J. Nash, Esq.); (ii) the U.S. Trustee, U.S. Federal Office Building, 201 Varick Street, Suite 1006, New York, New York 10014 (Attn: Susan Golden, Esq.); and (iii) counsel for the Official Committee of Unsecured Creditors, Cooley LLP, 1114 Avenue of the Americas, New York, New York 10036, (Attn: Jay R. Indyke, Esq. and Seth Van Aalten, Esq.) (collectively, the Objection Service Parties ) so that such objection is filed with the Court and received by the Objection Notice Parties no later than ten (10) calendar days after the date that the Debtor filed and served this Rejection Notice. PLEASE TAKE FURTHER NOTICE that, absent an objection being filed and served in compliance with the Procedures Order, the Rejected Contracts and Leases will be rejected pursuant to 11 U.S.C. 365(a) effective as of the date set forth on Schedule 1 to this Rejection Notice or, if no such date is set forth therein, the date of this Rejection Notice (the Rejection Date ); provided that with respect to real property Leases, the Rejection Date shall be the later of (i) the date of this Notice, unless otherwise agreed, in writing, by the Debtor and the counterparty to the applicable lease; (ii) the date of surrender of the leased property; or (iii) the effective date of rejection set forth on Schedule 1 to this Rejection Notice.
16-22035-rdd Doc 170 Filed 02/22/16 Entered 02/22/16 17:25:33 Main Document Pg 2 of 2 PLEASE TAKE FURTHER NOTICE that if any property is proposed to be abandoned is subject to a personal property lease, the personal property lessor shall have five (5) days from the date this Rejection Notice is filed to retrieve their property (the Collection Deadline ). PLEASE TAKE FURTHER NOTICE that, if an objection is timely filed and served on the Objection Service Parties as specified above, and cannot be resolved, the Debtor shall seek a hearing on such objection and shall provide at least seven (7) days notice of such hearing to the objecting party and the Objection Notice Parties. If such objection is overruled by the Court or withdrawn, the rejection of the Contract or Lease shall be deemed effective (a) as of the Rejection Date, (b) such date agreed to in writing by the Debtor and landlord, or (c) as otherwise determined by the Court as set forth in any order overruling such objection. PLEASE TAKE FURTHER NOTICE that any property located on the premises of a real property Lease that is rejected in accordance with the terms hereof that is not retrieved by the Collection Deadline (if applicable) shall be deemed abandoned without further order of the bankruptcy court, free and clear of any interest of any other party. PLEASE TAKE FURTHER NOTICE that, pursuant to the terms of the Procedures Order, if the Debtor has deposited monies with you as a security deposit or other arrangement, you may not setoff, recoup or otherwise use such deposit without prior authorization from the Bankruptcy Court. PLEASE TAKE FURTHER NOTICE that pursuant to the terms of the Procedures Order, for any claim that you may assert against the Debtor as a result of the rejection of any Contract or Lease, you must submit a proof of claim for damages arising from such rejection, on or before the later of (i) the deadline for filing proofs of claim established by the Court in the Debtor s case, or (ii) forty-five (45) days after the Rejection Date. If you do not timely file such proof of claim, you shall be forever barred from asserting a claim for rejection damages arising from the rejection of the above-referenced Contract or Lease or from participating in any distributions that may be made in connection with this chapter 11 case. Dated: February 22, 2016 New York, New York GOLDBERG WEPRIN FINKEL GOLDSTEIN LLP /s/ Kevin J. Nash Kevin J. Nash Evan M. Lazerowitz Goldberg Weprin Finkel Goldstein LLP 1501 Broadway 22 nd Floor New York, New York 10036 Telephone: (212) 221-5700 KNash@gwfglaw.com Counsel to the Debtor 2
Rejection Schedule Pg 1 of 4 SCHEDULE 1 REJECTION SCHEDULE
Rejection Schedule Pg 2 of 4 STORE STORE ADDRESS NUMBER 23 100 Hawley Lane Trumbull, CT 06611 28 1350 Deer Park Ave N Babylon, NY 11703 31 493 River Road Edgewater, NJ 07020 32 4345 US Highway 9, Unit 2 Freehold, NJ 07728 39 2575 Hempstead Turnpike East Meadow, NY 11554 LEASE DESCRIPTION OF COUNTERPARTY LEASE NRDC Lease dated July 28, 2005, between National Development Resources Limited Partnership, as C&H 1350 Lease dated June 26, Associates, LLC 2011, originally between the Estate of Clifford Spelman, as Landlord and Joyce Leslie, Inc., as Kimco Realty - New York Metropolitan Region Stavola Realty Corp Tenant, as Lease dated March 29, 2013 between Edgewater Retail Partners, LLC, as Lease dated March _, 2011 between Pond Road Associates LLC, as Nassimi Realty, LLC Lease dated September 8, 2005, between East Meadow Commons, LLC, as REJECTION DATE 1
Rejection Schedule Pg 3 of 4 43 1126 Echelon Mall Voorhees, NJ 08043 48 159 Route 73 South Marlton, NJ 08053 66 1334 Lakewood Road Toms River, NJ 08753 67 260 Consumer Square Mays Landing, NJ 08330 68 1439 State Rd #35 Middletown, NJ 07748 Echelon Title LLC Lease dated August 2, 2001, between Echelon Mall Joint Venture, as Brixmoor Property Group Indian Head Plaza Associates Developers Diversified Realty Corporation Brixmoor Property Group Lease dated July 31, 2004, between Marlton Plaza II, L.P., as Landlord and Joyce Leslie, Inc., as Tenant, as Lease dated September 21, 1989, between Indian Head Plaza Associates, as Lease dated May 13, 1993, originally between Benderson-Wainberg Associates LP, as Lease Agreement dated May 7, 2003, originally between New Plan Excel Realty Trust, Inc., as 2
Rejection Schedule Pg 4 of 4 75 1825 Highway 35, Suite #6 Wall Township, NJ 07719 88 1393 Boston Post Road Milford, CT 06460 Levcom Wall Plaza Associates Ceruzzi Holdings, LLC Lease Agreement dated June 29, 1986, between Levcom Wall Plaza Associates, as Landlord and Joyce Leslie, Inc., as Tenant, as Lease Agreement dated December 6, 2006, between Milford Crossing Investors, LLC, as 3