WIEN v. THEATER CTR.


91 Misc.2d 226 (1977)

Lawrence A. Wien, Individually and as a Limited Partner of Chelsea-Candide Company, Suing on Behalf of Himself and All Others Similarly Situated, Plaintiff, v. Chelsea Theater Center of Brooklyn et al., Defendants.

Supreme Court, Special Term, New York County.

July 7, 1977


Attorney(s) appearing for the Case

Wien, Lane & Malkin (Robert A. Machleder of counsel), for plaintiff. Levin & Weissman (Harold F. Levin of counsel), for Max Arons and another, defendants. Squadron, Ellenoff & Plesent for Chelsea Theater Center of Brooklyn, defendant. Colton, Weissberg, Hartnick & Yasmin for Sonjud Theatrical Enterprises, Inc., defendant.


ARNOLD L. FEIN, J.

There are two primary issues raised on the motion and cross motion for dismissal of the complaint and for partial summary judgment. These are: (1) whether plaintiff Wien, as a limited partner of Chelsea-Candide Company, has the standing to prosecute this action on behalf of the partnership and (2) whether this court has jurisdiction over the claims asserted or whether they are matters concerning...

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