MODELL'S N.Y., INC. v. MACERICH QUEENS CENTER LIMITED PARTNERSHIP


309 A.D.2d 625 (2003)

766 N.Y.S.2d 16

MODELL'S N.Y., INC., Appellant, v. MACERICH QUEENS CENTER LIMITED PARTNERSHIP, Respondent.

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

Decided October 21, 2003.


Plaintiff Modell's N.Y., Inc., relying upon a lease provision prohibiting defendant landlord from unreasonably interfering with the visibility of its store signs and permitting plaintiff to have a prominent sign on a structure known as the "helix," seeks, inter alia, a declaration that defendant's plan to redevelop the mall in which plaintiff's store is located will, if implemented, violate plaintiff's contractually guaranteed signage rights. The trial evidence, however,...

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