Hyperlawhypertext legal databasebeta Mann Theatres Corp. v. Mid-Island Shopping Plaza Co. 62 N.Y.2d 930

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Mann Theatres Corp. v. Mid-Island Shopping Plaza Co.

62 N.Y.2d 930 Court N.Y. Decision date 1984-06-07 English

Judges Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

Contents

Majority

p. 930
Mann Theatres Corporation of California et al., Appellants-Respondents, v Mid-Island Shopping Plaza Co., as Successor in Interest to Mid-Island Shopping Plaza, Inc., Respondent-Appellant, and Mid-Plaza Associates, as Successor in Interest to Mid Plaza Cinema, Inc., et al., Appellants-Respondents. (Action No. 1.) Mid-Island Shopping Plaza Co., Respondent-Appellant, v Mid Plaza Cinema Associates et al., Appellants-Respondents. (Action No. 2.)
Argued May 8, 1984;
decided June 7, 1984
p. 933

Headnote

APPEARANCES OF COUNSEL
Kenneth B. Forrest, Herbert M. Wachtell and Marc Wol-insky for Mann Theatres Corporation of California, appellant-respondent.
Michael D. Hess and Michael Luskin for Brighton The-atre Corporation, appellant-respondent.
Daniel L. Carroll, Milton Popper, Denise Y. Turner and A. Walter Socolow for Mid-Plaza Associates and another, appellants-respondents.
A. Thomas Levin and Theodore Daniels for respondent-appellant.

OPINION OF THE COURT

Cross appeal taken as or right by Mid-Island Shopping Plaza Co. dismissed, without costs, upon the ground that cross-appellant is not aggrieved by the modification at the Appellate Division (CPLR 5601, subd [a], par [iii]), and motion by cross-appellant made on oral argument for leave to appeal granted. Order affirmed, without costs, for the reasons stated in the opinion by Justice Leon D. Lazer at the Appellate Division ( 94 AD2d 466 ); the remaining time within which appellants may cure the violation of paragraph 11 of the ground lease will commence to run on service on appellants, with notice of entry, of a copy of the order of Supreme Court, Nassau County, to be entered on the remittitur of this court.

p. 934
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

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