Modell's N.Y., Inc. v. Macerich Queens Center Limited Partnership

Judgment, Supreme Court, New York County (Walter Tolub, J.), entered February 6, 2002, which, after a nonjury trial, denied plaintiffs request for a declaration that defendant’s planned redevelopment and expansion of the Queens Center Mall violates the parties’ lease, declared in defendant’s favor that the proposed redevelopment is permitted by the lease, and otherwise dismissed the complaint, unanimously affirmed, without costs. Appeal from the underlying order, same court and Justice, entered February 4, 2002, unanimously dismissed, without costs, as subsumed in the appeal from the ensuing…