Legal Opinion
Macmillan, Inc. v. CF Lex Associates
New York Court of Appeals
Decided June 23, 1982PublishedCited by 13 opinions
1Opinion of the Court
*389OPINION OF THE COURT
Jones, J.
“Tract of land” as used in the New York City Zoning Resolution refers to surface land only and does not include buildings erected thereon. Accordingly, even a very substantial space tenant is not a party in interest whose consent is required for an effective declaration of zoning lot restrictions and the attendant zoning lot merger under the resolution.
Plaintiff is a space tenant in the Macmillan Building, a 31-story building located at 866 Third Avenue in the Borough of Manhattan, New York City. Under its lease as amended1 which, subject to the tenant’s exercise…
2Cases cited1 opinion
- Butler v. . Frontier Telephone Co.New York Court of Appeals · 1906
3Cited by13 opinions
- New York Overnight Partners, L. P. v. GordonAppellate Division of the Supreme Court of the State of New York · 1995
- Friedberg v. Comm'rUnited States Tax Court · 2011
- Harmit Realties LLC v. 835 Avenue of the Americas, L.P.Appellate Division of the Supreme Court of the State of New York · 2015
- 301 E. 60th St. LLC v. Competitive Solutions LLCAppellate Division of the Supreme Court of the State of New York · 2023
- Matter of Committee for Environmentally Sound Dev. v. Amsterdam Ave. Redevelopment Assoc. LLCAppellate Division of the Supreme Court of the State of New York · 2021
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