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FUR-LEX REALTY v. LINDSAY

81 Misc.2d 904 (1975)

Fur-Lex Realty, Inc., et al., Plaintiffs, v. John V. Lindsay, as Mayor of the City of New York and as Chairman of the Board of Estimate of the City of New York, et al., Defendants.

Supreme Court, Special Term, New York County.

March 31, 1975

Attorney(s) appearing for the Case

Adrian P. Burke, Corporation Counsel (Judah Dick and Marilyn Friedman of counsel), for John V. Lindsay and others, defendants. O'Malley & Boyle (John C. O'Malley and John J. Boyle of counsel), for 41 Madison Company, defendant. Goldfarb & Fleece (Robert D. Marcus of counsel), for 41 Madison, Inc., and others, defendants. Raphael, Searles & Vischi (Marvin L. Berenson and Theodore S. Lite of counsel), for plaintiffs.

HARRY B. FRANK, J.

The defendant city officials move for summary judgment dismissing the complaint herein as against them. The primary issue is the claimed illegality of a certain lease agreement entered into on April 10, 1970 between the City of New York and 41 Madison Company, the then owner of property located at the southeast corner of Madison Avenue and Twenty-sixth Street, adjacent to the court building...

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