In the Matter of Keystone Associates, Respondent,
v.
Charles G. Moerdler, as Commissioner of Buildings of the City of New York, et al., Respondents, and Old Met Opera House Corporation, Appellant.
Metropolitan Opera Association, Inc., Respondent,
v.
City of New York et al., Defendants, and Old Met Opera House Corporation, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued November 22, 1966.
Decided December 30, 1966.
Attorney(s) appearing for the Case
Simon H. Rifkind, Edward N. Costikyan, William Rand, Daniel J. Sullivan and Robert L. Laufer for appellant in the above-entitled proceeding and action.
David W. Peck, Samuel Kramer, David L. Weissman, Bernard D. Bergreen, Alan G. Weiler and John L. Warden for Keystone Associates, respondent in the above-entitled proceeding.
Jacob L. Isaacs, Leon Lauterstein and Henry W. Lauterstein for Metropolitan Opera Association, Inc., respondent in the above-entitled action.
J. Lee Rankin, Corporation Counsel (Frederic S. Nathan, Stanley Buchsbaum and James M. Brachman of counsel), for Charles G. Moerdler, as Commissioner of Buildings of the City of New York, and others, respondents in the above-entitled proceeding, and for defendants in the above-entitled action.
Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen of counsel), in his statutory capacity under section 71 of the Executive Law and under CPLR 1012(b).
Judges FULD, VAN VOORHIS and SCILEPPI concur with Judge KEATING; Chief Judge DESMOND dissents in an opinion in which Judge BERGAN concurs and in which Judge BURKE concurs for dismissal in a separate memorandum.
Court of Appeals of the State of New York.
KEATING, J.
In the early part of this year the Metropolitan Opera Association (the Association) vacated the building it had used for over 83 years and moved to a new building in the Lincoln Center for the Performing Arts.
The Association, prior to its departure, entered into a 50-year lease with the plaintiff, Keystone Associates Incorporated, under the terms of which Keystone was to demolish the building...
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