MANN THEATRES CORP. OF CALIFORNIA v. MID-ISLAND SHOPPING PLAZA CO.


62 N.Y.2d 930 (1984)

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

Court of Appeals of the State of New York.

Decided June 7, 1984.


Attorney(s) appearing for the Case

Kenneth B. Forrest, Herbert M. Wachtell and Marc Wolinsky for Mann Theatres Corporation of California, appellant-respondent.

Michael D. Hess and Michael Luskin for Brighton Theatre Corporation, appellant-respondent.

Daniel L. Carroll, Milton Popper, Denise Y. Turner and A. Walter Socolow for Mid-Plaza Associates and another, appellants-respondents.

A. Thomas Levin and Theodore Daniels for respondent-appellant.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.


Cross appeal taken as or right by Mid-Island Shopping Plaza Co. dismissed, without costs, upon the ground that cross-appellant is not aggrieved by the modification at the Appellate Division (CPLR 5601, subd [a], par [iii]), and motion by cross-appellant made on oral argument for leave to appeal granted. Order affirmed, without costs, for the reasons stated in the opinion by Justice Leon D. Lazer at the Appellate Division (94 A.D.2d 466...

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