873 Third Avenue Corp. v. Kenvic Associates

Full title: 873 THIRD AVENUE CORP., Appellant, v. KENVIC ASSOCIATES et al.…

Court: Court of Appeals of the State of New York

Date published: Mar 18, 1986

491 N.E.2d 679 (N.Y. 1986)

491 N.E.2d 679

500 N.Y.S.2d 506

Opinion

Argued February 3, 1986

Decided March 18, 1986

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Martin Evans, J.

William R. Glendon, Frederick P. Glick, Guy C. Quinlan and Margaret Blair Soyster for appellant.

Philip H. Schaeffer and Lenard H. Mandel for respondents.

Order affirmed, with costs. We agree with former Justice Max Bloom, writing for the majority at the Appellate Division ( 109 A.D.2d 489), that the ground lessee (referred to as lessor in that opinion) did not have an ownership interest in the premises within the meaning of the ordinance.

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.