Ritz Associates, Inc. v. Ritz-Carlton Hotel Co.

Order and judgment affirmed on the opinion of Mr. Justice Jacob Markowitz at Special Term [35 Mise 2d 425], with costs to respondent. Concur — Breitel, J. P., Stevens, Eager and Bergan, JJ.; Rabin, J., dissents in part in the following memorandum: I dissent, in part, to the extent that I would deny plaintiff’s motion for summary judgment and I would likewise deny plaintiff’s motion for a dismissal of the defendant’s counterclaim. Special Term granted summary judgment to the plaintiff holding that the agreement was void because the license given was a naked license. I disagree with that…