CAROUSEL CTR. CO., LP v. KAUFMANN'S CAROUSEL, INC.

1067 CA 20-00602.

191 A.D.3d 1481 (2021)

142 N.Y.S.3d 699

2021 NY Slip Op 00972

Carousel Center Company, LP, et al., Respondents, v. Kaufmann's Carousel, Inc., Also Known as Macy's, et al., Appellants, and City of Syracuse Industrial Development Agency, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 11, 2021.


Attorney(s) appearing for the Case

HARRIS BEACH PLLC, PITTSFORD ( DAVID J. EDWARDS OF COUNSEL), AND JACKSON LEWIS P.C., ST. LOUIS, MISSOURI, FOR DEFENDANTS-APPELLANTS.

COSTELLO, COONEY & FEARON, PLLC, SYRACUSE ( ROBERT J. SMITH OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

BARCLAY DAMON LLP, ROCHESTER ( MARK R. McNAMARA OF COUNSEL), AND BOUSQUET HOLSTEIN PLLC, SYRACUSE, FOR DEFENDANT-RESPONDENT.

Present—Peradotto, J.P., Carni, NeMoyer, Winslow and Bannister, JJ.


It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by amending the caption to remove Carousel Leasehold, LLC and as modified the order and judgment is affirmed without costs.

Memorandum: In the present declaratory judgment action arising from a longstanding dispute primarily between a shopping mall and department store tenants (see e.g. Kaufmann's Carousel, Inc. v Carousel Ctr. Co. LP, 87 A...

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