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FORTY-SECOND ST. CO. v. KOCH

No. 84 Civ. 8780 (CBM).

613 F.Supp. 1416 (1985)

The FORTY-SECOND STREET COMPANY and World's Busiest Corner Corp., Plaintiffs, v. Edward I. KOCH, individually and as Mayor of the City of New York; Board of Estimate of the City of New York; Department of City Planning of the City of New York; Herbert Sturz, individually and as Director of the Department of City Planning; Public Development Corporation of the City of New York; City of New York; New York State Urban Development Corporation; Times Square Redevelopment Corporation; William J. Stern, individually and as Chairman, President, and Chief Executive Officer of the New York State Urban Development Corporation and as Chairman of Times Square Redevelopment Corporation; Cambridge Investment Group, Ltd.; Michael J. Lazar; Jujamcyn Company, Inc.; Park Tower Realty Corp.; New York Trade Mart; and Tishman Speyer Properties, individually and as General Partner of New York Trade Mart, Defendants.

United States District Court, S.D. New York.

July 18, 1985.

Attorney(s) appearing for the Case

Rubin Baum Levin Constant & Friedman by Martin J. Schwartz, Gerald Harris, New York City, Alan H. Levine, New York City, for plaintiffs.

Frederick A.O. Schwarz, Jr., Corp. Counsel by Carolyn Herman, Gary Schuller, New York City, for defendants Koch, Bd. of Estimate, Dept. of City Planning, Sturz, Public Development Corp.

Leahey & Johnson, by Peter James Johnson, New York City, for defendants New York State Urban Development Corp., Times Square Redevelopment Corp., and Stern.

Paul Weiss Rifkind Wharton & Garrison, by Martin Flumenbaum, New York City, for defendants Tishman Speyer Properties and New York Trade Mart.

Kaye Scholer Fierman Hays & Handler, by Gerald Sobel, New York City, for defendants Park Tower Realty Corp.

Breed Abbott & Morgan, by Robert Bicks, New York City, for defendants Cambridge Investment Group, Ltd., Michael J. Lazar, and the Jujamcyn Co.

OPINION

MOTLEY, Chief Judge.

Plaintiffs, two companies affiliated with the Brandt Organization, hold long-term leases on eight motion picture theaters on Forty-Second Street which are slated to be condemned and converted to retail and live theater use as part of the Forty-Second Street Development Project. The theaters exhibit primarily low-budget martial arts and horror films and some sexually explicit films to a largely low-income and minority audience...

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