873 Third Avenue Corp. v. Kenvic Associates

I agree with the majority that the motion by defendant City of New York for an order dismissing the complaint against it should have been granted by Special Term. I also agree that summary judgment was properly granted to defendants Chase Manhattan Bank, N. A., John Hancock Mutual Life Insurance Company and Debevoise & Plimpton. However, I disagree with the result reached by the majority that notice and consent by the plaintiff ground lessee was not required before the defendant fee owner could incorporate the leased property into a single zoning lot and exploit the enlarged development…