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ARK BRYANT v. BRYANT PARK

285 A.D.2d 143 (2001)

730 N.Y.S.2d 48

ARK BRYANT PARK CORP., Respondent-Appellant, v. BRYANT PARK RESTORATION CORP., Defendant, and CITY OF NEW YORK et al., Appellants-Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

August 23, 2001.

Attorney(s) appearing for the Case

Arthur M. Handler of counsel, New York City (Robert S. Goodman and David S. Goldstein on the brief; Handler & Goodman, L. L. P., attorneys), for respondent-appellant.

John Hogrogian of counsel, New York City (Pamela Seider Dolgow and John L. Hunt on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for municipal appellant-respondent.

Jack Hassid, New York City, for Council of Fashion Designers of America, Inc. and another, appellants-respondents.

SULLIVAN, P. J., WILLIAMS, MAZZARELLI and SAXE, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.

In this breach of contract action, we are asked to determine whether a certain letter agreement between plaintiff Ark Bryant Park Corp. (Ark) and defendant Bryant Park Restoration Corp. (BPRC), which granted exclusive catering rights to Ark for private functions scheduled in Bryant Park, constitutes a sublicense under a "Management Agreement for Bryant Park" between defendant the City of New York (the City) and BPRC.

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