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SUTTON AREA CMTY., INC. v. CITY OF NEW YORK

83 N.Y.2d 825 (1994)

633 N.E.2d 1098

611 N.Y.S.2d 494

Sutton Area Community, Inc., et al., Respondents, v. City of New York et al., Appellants, and Harley Baldwin Associates, Inc., et al., Respondents. Bridgemarket Company, Ltd., Intervenor-Respondent; Bank of New York, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided March 24, 1994.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (John Hogrogian of counsel), for appellants.

McDermott, Will & Emery, New York City (Robert A. Weiner of counsel), for intervenor-appellant.

Berle, Kass & Case, New York City (Stephen L. Kass of counsel), for Sutton Area Community, Inc., and others, respondents.

Shea & Gould, New York City (Arthur D. Felsenfeld of counsel), for Harley Baldwin Associates, Inc., and others, respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, by denying plaintiffs' motion for summary judgment as to their first cause of action, granting defendants' cross motion for summary judgment with respect to plaintiffs' first cause of action, and declaring the lease valid. As so modified, the order should be affirmed. The certified question is answered in the affirmative with respect to those...

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