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MANN CORP. v. MID-ISLAND

94 A.D.2d 466 (1983)

Mann Theatres Corporation of California et al., Respondents, v. Mid-Island Shopping Plaza Co., as Successor in Interest to Mid-Island Shopping Plaza, Inc., Appellant, Mid-Plaza Associates, as Successor in Interest to Mid Plaza Cinema, Inc., et al., Respondents. (Action No. 1.) Mid-Island Shopping Plaza Co., Appellant, v. Mid Plaza Cinema Associates et al., Respondents. (Action No. 2.)

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

June 20, 1983

Attorney(s) appearing for the Case

Jaspan, Kaplan, Levin & Daniels (A. Thomas Levin and Theodore Daniels of counsel), for appellant.

Raferty, Grainger, Rosenbloom & Drew (John Drew and Edmund C. Grainger, III, of counsel), for Mann Theatres Corporation of California and another, respondents.

Milton Popper for Mid Plaza Cinema Associates, respondent.

MOLLEN, P. J., and MANGANO, J., concur with LAZER, J.; NIEHOFF, J., concurs in the result, in a separate opinion.

LAZER, J.

The principal issue in these consolidated actions for declaratory relief and to recover possession of real property is whether a theatre lease which prohibited the tenant from assigning, subletting or permitting the premises to be "used by others" was violated by an "operating agreement" under which a permitted subtenant arranged for another entity to occupy and operate the demised twin theatres. Although...

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