ROSENTHAL & ROSENTHAL INC. v. N.Y. STATE URBAN DEVELOPMENT CORPORATION

No. 1103, Docket 85-7104.

771 F.2d 44 (1985)

ROSENTHAL & ROSENTHAL INC. and Broadway 41st Street Realty Corporation, Plaintiffs-Appellants, v. The NEW YORK STATE URBAN DEVELOPMENT CORPORATION; the Times Square Redevelopment Corporation; William J. Stern, as Chairman and President of both the Urban Development Corporation and the Times Square Redevelopment Corporation; the City of New York; Edward I. Koch, as Mayor of the City of New York; Park Tower Realty Corporation and George E. Klein, Defendants-Appellees, and Mario M. Cuomo, as Governor of the State of New York, Defendant.

United States Court of Appeals, Second Circuit.

Decided August 26, 1985.


Attorney(s) appearing for the Case

Norman Dorsen, New York City (LeBoeuf, Lamb, Leiby & MacRae, Jacob Friedlander, John S. Kinzey and Gwenellen P. Janov, New York City, of counsel), for plaintiffs-appellants.

Peter James Johnson, New York City (Leahey & Johnson, P.C., Michael Conforti and Kevin B. Lynch, New York City, of counsel), for defendants-appellees Urban Development Corp., Times Square Redevelopment Corp. and William J. Stern.

Dean G. Yuzek, New York City (Shea & Gould, Bernard D. Fischman and Judith L. Spanier, New York City, of counsel), for defendants-appellees Park Tower Realty Corp. and George Klein.

Gary Schuller, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel, Joseph I. Lauer and Robert J. Pfeffer, New York City, of counsel), for defendants-appellees City of New York and Edward I. Koch.

Before MANSFIELD, VAN GRAAFEILAND and PIERCE, Circuit Judges.


PER CURIAM:

Rosenthal & Rosenthal Inc. and Broadway 41st Street Realty Corporation appeal from a judgment of the United States District Court for the Southern District of New York (Motley, C.J.), 605 F.Supp. 612, dismissing their complaint against appellees, New York State Urban Development Corporation, et al., for failure to state a claim upon which relief may be granted. Appellants, lessee and owner of the Rosenthal...

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