OMATH HOLDING v. CITY OF NY


138 Misc.2d 271 (1988)

Omath Holding Company, Inc., Plaintiff, v. City of New York, Defendant and Third-Party Plaintiff. Omath Holding Company, Inc., et al., Third-Party Defendants.

Supreme Court, New York County.

January 21, 1988


Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel, for defendant and third-party plaintiff. Paul, Weiss, Rifkind, Wharton & Garrison for plaintiff.


EDWARD H. LEHNER, J.

The principal issue raised on this motion for summary judgment is whether a lease, the term of which does not commence until 42 months after the demised property is rezoned to permit the intended use, may be canceled by the lessor when after almost two decades subsequent to the execution thereof the zoning has not been changed, and two thirds of the property has been mapped as tidal wetlands...

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