CINE 42nd STREET THEATER CORP. v. NEDERLANDER ORG.

No. 124, Docket 85-7412.

790 F.2d 1032 (1986)

CINE 42nd STREET THEATER CORPORATION, Leonard Clark and the Brandt Organization, Inc., Plaintiffs-Appellants, v. The NEDERLANDER ORGANIZATION, INC.; Harris Nederlander, Inc.; Jujamcyn Company, Inc.; Cambridge Investment Group, Ltd.; Park Tower Realty Corp.; the New York State Urban Development Corporation; Times Square Redevelopment Corporation and the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 14, 1986.


Attorney(s) appearing for the Case

James E. Daniels, New York City (Barbara L. Levine, Neil G. Sparber, Warshaw Burstein Cohen Schlesinger & Kuh, New York City, of counsel), for plaintiffs-appellants Cine 42nd Street Theater Corp. and Leonard Clark.

Martin J. Schwartz, New York City (Rubin Baum Levin Constant & Friedman, New York City, of counsel), filed a brief for plaintiff-appellant The Brandt Organization, Inc.

Francis F. Caputo, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel of the City of New York, of counsel), for defendant-appellee The City of New York.

Irving Scher, New York City (Weil, Gotshal & Manges, New York City, of counsel) for defendants-appellees The Nederlander Organization, Inc., Harris Nederlander, Inc. and New Amsterdam Nederlander, Inc.

Robert Bicks, New York City (Breed, Abbott & Morgan, New York City, of counsel), for defendants-appellees Jujamcyn Co., Inc. and Cambridge Investment Group, Ltd.

Gerald Sobel, New York City (Kaye, Scholer, Fierman, Hays & Handler, New York City, of counsel), for defendant-appellee Park Tower Realty Corp.

Susan M. Heilbron, New York City, for defendants-appellees, N.Y. State Urban Development Corp. and Times Square Redevelopment Corp.

Before NEWMAN, CARDAMONE and MINER, Circuit Judges.


CARDAMONE, Circuit Judge:

New York's Urban Development Corporation (UDC) and New York City, together with private parties, are engaged in a development project designed to revitalize the Times Square area. Under the plan, five moviehouses in the Broadway Theater district are being acquired by the UDC and leased to private parties to renovate and operate them as Broadway Theaters. This appeal presents the novel question of whether the developers of this project are...

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