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SUTTON HILL ASSOCIATES v. LANDES

No. 87 Civ. 8452 (PKL).

775 F.Supp. 682 (1991)

SUTTON HILL ASSOCIATES, a Partnership, Plaintiff, v. Michael LANDES, Albert Schwartz and RKO Cinema 5 Theatre Corporation, Defendants, Michael R. Forman, James J. Cotter, Sutcin Holding Corporation, City Cinema Corporation and Royal Insurance Company of America, Additional Defendants on Counterclaims.

United States District Court, S.D. New York.

October 17, 1991.

Attorney(s) appearing for the Case

Mayer, Brown & Platt, New York City (Daniel R. Benson, Michael M. Fay, James J. Stricker (admission pending), Steven Wolowitz, of counsel), for plaintiff and counterclaim defendants Michael R. Forman, James J. Cotter, Sutcin Holdings Corp. and City Cinemas Corp.

Graubard Mollen Horowitz Pomeranz & Shapiro, New York City (Scott E. Hershman, Scott E. Mollen, Barbara Jean Romaine, Jack Weinberg, of counsel), for defendants.

Bingham Englar Jones & Houston, New York City (James J. Taylor, of counsel), for counterclaim defendant Royal Ins. Co. of America.

OPINION AND ORDER

LEISURE, District Judge.

This diversity action arises out of the collapse of the ceiling of the Murray Hill Cinema ("Murray Hill" or "Cinema") on July 15, 1986. The case is currently before the Court on the parties' cross-motions for summary judgment. Plaintiff Sutton Hill Associates ("SHA"), a California general partnership, seeks summary judgment in its action to recover the proceeds of an insurance settlement it negotiated with counterclaim...

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