LIZA CO. v. MARK HELLINGER THEATRE


19 A.D.2d 288 (1963)

Liza Company, Appellant, v. Mark Hellinger Theatre, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

July 2, 1963.


Attorney(s) appearing for the Case

Simon H. Rifkind of counsel (Edward N. Costikyan and John Lyon with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for appellant.

Bruce A. Hecker of counsel (William A. Shea and Edwin A. Lewis with him on the brief; Manning, Hollinger & Shea, attorneys), for respondents.

RABIN, J. P., and STEUER, J., concur with EAGER, J.; McNALLY, J., dissents in opinion in which STEVENS, J., concurs.


EAGER, J.

The action was brought by plaintiff, a limited partnership, engaged in the production of the musical "My Fair Lady", against the defendants, as the owners of the Mark Hellinger Theatre, for certain declaratory judgment and injunctive relief with respect to plaintiff's alleged rights and obligations under an agreement for the use of the theatre for its said production. Following a trial at Special Term...

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