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TRUSTHOUSE FORTE, INC. v. 795 FIFTH AVE. CORP.

No. 114, Docket 84-7441.

756 F.2d 255 (1985)

TRUSTHOUSE FORTE, INC. and Knott Hotels Corp., Plaintiffs-Appellees, v. 795 FIFTH AVENUE CORP., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 26, 1985.

Attorney(s) appearing for the Case

Alvin K. Hellerstein, New York City (Eva L. Coben, Thomas Farber, Steven M. Nachman, Stroock & Stroock & Lavan, New York City, of counsel), for defendant-appellant 795 Fifth Avenue Corp.

Scott W. Muller, New York City (Steven F. Goldstone, Davis Polk & Wardwell, New York City, of counsel), for plaintiffs-appellees Trusthouse Forte, Inc. and Knott Hotels Corp.

Before KAUFMAN and WINTER, Circuit Judges, and WYZANSKI, District Judge.

WINTER, Circuit Judge:

The dispute underlying this appeal is over monies due under a lease. The issue on appeal is whether certain findings and conclusions of the district court are appealable by the defendant and, if so, whether they are erroneous. The parties having declined to take advantage of an adjournment to settle the matter, we decide it on the merits and vacate part of the judgment.

795 Fifth Avenue Corporation, the defendant in the district court...

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