Legal Opinion

Wing Ming Properties (U.S.A.) Ltd. v. Mott Operating Corp.

New York Supreme Court

Decided August 30, 1990PublishedCited by 5 opinions

1Opinion of the Court

*681OPINION OF THE COURT

David B. Saxe, J.

Exactly what rights are conveyed when the air rights over a building are transferred to an adjacent parcel of land so that the height of a building constructed on the neighboring property exceeds the limitations set by applicable zoning law height restrictions?

This motion concerns a dispute over the scope of rights granted by a conveyance of air rights. The air space at issue is located over property at 5 Chatham Square, now occupied by the Bank of Central Asia (BCA) and adjacent to property leased by Citibank.

The plaintiff, Wing Ming Properties (U.S.A.)…

2Cases cited4 opinions

  1. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  2. Indig v. FinkelsteinNew York Court of Appeals · 1968
  3. Musman v. Modern Deb, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
  4. Newport Associates, Inc. v. SolowNew York Court of Appeals · 1972

3Cited by5 opinions

  1. Lamm v. State Street Bank & Trust Co.District Court, S.D. Florida · 2012
  2. Wing Ming Properties (U.S.A.) Ltd. v. Mott Operating Corp.New York Court of Appeals · 1992
  3. Jobim v. Songs of Universal, Inc.District Court, S.D. New York · 2010
  4. Texas Instruments, Inc. v. Hyundai Electronics Industries, Co.District Court, E.D. Texas · 1999
  5. In Re Payless Cashways, Inc.United States Bankruptcy Court, W.D. Missouri · 1997

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