TM PARK AVE. ASSOCIATES v. PATAKI

No. 95-CV-1480.

44 F.Supp.2d 158 (1999)

TM PARK AVENUE ASSOCIATES, Plaintiff, W.E.A. Associates, Plaintiff-Intervenor, John Hancock Mutual Life Insurance Company, Plaintiff-Intervenor, v. George E. PATAKI, Individually and as Governor of the State of New York; H. Carl McCall, Individually and as the Comptroller of New York State; New York State Department of Audit and Control; State University of New York; Frederick Salerno, Individually and as Chairman of the Board of Trustees of the State University of New York; Board of Trustees of the State University of New York; Thomas A. Bartlett, Individually and as Chancellor of the State University of New York; Lonnie Clar, Individually and as Associate Counsel to the State University of New York; Irving Freedman, Individually and as Vice Chancellor of Capital Facilities of the State University of New York and General Manager of the State University Construction Fund; New York State Dormitory Authority; the State of New York, Defendants.

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

March 25, 1999.


Attorney(s) appearing for the Case

Office of Ronald H. Sinzheimer, Albany, NY (Ronald H. Sinzheimer, of Counsel) Stroock, Stroock Law Firm, New York, NY (Leonard Boxer, of Counsel), for Plaintiff TM Park Ave. Associates.

Rosenman & Colin, LLP, New York, NY (David J. Mark, of Counsel), for plaintiff-intervenor W.E.A. Associates.

Debevoise & Plimpton, New York, NY (P. Bradley O'Neill, of Counsel), for plaintiff-intervenor John Hancock Mutual Life Ins. Co.

Dennis C. Vacco, Attorney General of the State of New York, Albany, NY (Steven H. Schwartz, Asst. Atty.Gen., of Counsel), for defendants.


MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

A. Facts

This case arises from a lease dispute between plaintiffs and defendant-lessee the State University of New York ("SUNY"). The facts are well-known and addressed in TM Park Ave. Assocs. v. Pataki, 986 F.Supp. 96 (N.D.N.Y.1997), familiarity with which is assumed.

In...

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