RICE v. RITZ ASSOCS., INC.


58 N.Y.2d 923 (1983)

Henry H. Rice, Appellant, v. Ritz Associates, Inc., Respondent.

Court of Appeals of the State of New York.

Decided February 17, 1983.


Attorney(s) appearing for the Case

Marvin E. Frankel, H. Richard Penn and Barry G. Felder for appellant.

J. Irwin Shapiro and John Drew for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and SIMONS concur; Judge MEYER taking no part.


MEMORANDUM.

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (88 A.D.2d 513).

As to plaintiff's contention that by virtue of the lease there was an effective transfer of the air rights of the Rice parcel to the Ritz parcel, thereby constituting an "incumbrance" on the Rice parcel within the contemplation of the

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