MACMILLAN v. CADILLAC


86 A.D.2d 15 (1982)

Macmillan, Inc., Appellant, v. Cadillac Fairview Corporation, Ltd., et al., Respondents

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

April 1, 1982


Attorney(s) appearing for the Case

Terence F. Gilheany of counsel (Donald G. Glascoff, Jr., Kathy H. Chin and H. Peter Haveles with him on the brief; Cadwalader, Wickersham & Taft, attorneys), for appellant.

Adlai S. Hardin, Jr., of counsel (Charles G. Berry with him on the brief; Milbank, Tweed, Hadley & McCloy, attorneys), for Campeau Corporation (U.S.), Inc., respondent.

Charles H. Miller of counsel (Lois N. Rosen and Robert J. Kipness with him on the brief; Marshall, Bratter, Greene, Allison & Tucker, attorneys), for Cadillac Fairview Corporation, Ltd., respondent.

CARRO, J. P., SILVERMAN, BLOOM and MILONAS, JJ., concur.


FEIN, J.

Plaintiff is the major tenant of the Macmillan Building, a 31-story office building located at 866 Third Avenue in Manhattan. According to its complaint, the truth of whose allegations must be accepted upon this motion to dismiss for failure to state a cause of action (Barr v Wackman, 36 N.Y.2d 371, 375), plaintiff occupies the entire rentable area in the building...

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