Norte & Co. v. New York & Harlem Railroad

—Order and judgment, Supreme Court, New York County (William Davis, J.), entered on August 9, 1994 and November 14, 1994, which, respectively, to the extent appealed from, granted defendants’ cross motion for summary judgment and dismissed the second and third causes of action of plaintiffs’ complaint, unanimously affirmed, without costs.

Plaintiffs are the minority shareholders of defendant New York and Harlem Railroad Co. ("the Harlem”), the owner of certain real property including the Grand Central Terminal. Defendant Penn Central Corporation ("Penn Central”) is 97% owner of the Harlem’s…