Legal Opinion
Macmillan, Inc. v. Cadillac Fairview Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 1982PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Fein, J.
Plaintiff is the major tenant of the Macmillan Building, a 31-story office building located at 866 Third Avenue in *16Manhattan. According to its complaint, the truth of whose allegations must be accepted upon this motion to dismiss for failure to state a cause of action (Barr v Wackman, 36 NY2d 371, 375), plaintiff occupies the entire rentable area in the building above the ground floor, and 95% of the usable area as a whole, for its executive, administrative and financial offices. It employs some 900 people. Subject to its exercise of options, plaintiff’s lease…
2Cases cited10 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
- Foley v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1964
- Albini v. Solork AssociatesAppellate Division of the Supreme Court of the State of New York · 1971
- Barr v. WackmanNew York Court of Appeals · 1975
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3Cited by4 opinions
- 233 East 86th Street Corp. v. Park East Apartments, Inc.New York Supreme Court · 1986
- Krause v. KrauseAppellate Division of the Supreme Court of the State of New York · 1985
- 873 Third Avenue Corp. v. Kenvic AssociatesAppellate Division of the Supreme Court of the State of New York · 1985
- Little Cherry, LLC v. Cherry St. Owner LLCAppellate Division of the Supreme Court of the State of New York · 2019