Wien & Malkin LLP v Helmsley-Spear, Inc. (2004 NYSlipOp 07396)

Wien & Malkin LLP v Helmsley-Spear, Inc.

2004 NYSlipOp 07396

Decided on October 14, 2004

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 14, 2004
Ellerin, J.P., Williams, Marlow, Gonzalez, JJ.
2467

[*1]Wien & Malkin LLP, etc., et al., Plaintiffs-Appellants,

v

Helmsley-Spear, Inc., Defendant-Respondent.

Dewey Pegno & Kramarsky LLP, New York (Thomas E.L.
Dewey of counsel), for appellants.
Dickstein Shapiro Morin & Oshinsky LLP, New York (Howard
Graff of counsel), for respondent.
Judgment, Supreme Court, New York County (Ira
Gammerman, J.), entered July 23, 2001, reversed, on the law, without
costs, that part of the arbitration award which declared that
Helmsley-Spear, Inc. was the valid successor in interest to the
former Helmsley-Spear Corporation vacated, Helmsley-Spear,
Inc. is declared to be a new entity, the assignment of the
property management agreements is declared to be invalid, the matter
of Helmsley-Spear, Inc.'s termination remanded for a vote, and
the issue of whether Leona Helmsley was obligated to vote to
terminate Helmsley-Spear, Inc. is declared to be academic.
Opinion by Williams, J. All concur.

Order filed.