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CIPRIANI FIFTH AVE. v. RCPI

4 Misc.3d 850 (2004)

782 N.Y.S.2d 522

CIPRIANI FIFTH AVENUE, LLC, Plaintiff, v. RCPI LANDMARK PROPERTIES, LLC, et al., Defendants.

Supreme Court, New York County.

May 3, 2004.

Attorney(s) appearing for the Case

Wagner, Davis & Gold, P.C., New York City (Steven R. Wagner and Bonnie Reid Berkow of counsel), for plaintiff.

Greenberg Traurig, LLP, New York City (Daniel J. Ansell of counsel), and Schulte Roth & Zabel, LLP, New York City (Robert M. Abrahams of counsel), for defendants.

OPINION OF THE COURT

DEBRA A. JAMES, J.

The Rainbow Room, which consists of facilities that include, among other things, first-class restaurants, bars and catering rooms, is located within the condominiums on the uppermost floors of 30 Rockefeller Plaza (the building), the tallest building in the Rockefeller Center complex. The Rainbow Room with its location at the top of the building is part of the Rockefeller Center complex, a New York City landmark whose...

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