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MANHATTAN v. P & S 95TH ST. ASSOCS.

240 A.D.2d 255 (1997)

658 N.Y.S.2d 600

Paragon Cable Manhattan, a Division of Paragon Communications, Respondent-Appellant, v. P & S 95th Street Associates et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 12, 1997

The parties' stipulation in June of 1996, pursuant to which "defendants have agreed to permit [plaintiff] to install upgraded cable television facilities in the Building in accordance with the court's decision and order", moots defendants' appeal. Were we to reach those issues on the merits, we would affirm, finding defendants' arguments either unpreserved or unpersuasive.

There is no evidentiary showing that justifies any...

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