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MANN THEATRES CORPORATION OF CALIFORNIA et al., Appellants-Respondents, v. MID-ISLAND SHOPPING PLAZA Co., as Successor in Interest to MID-ISLAND SHOPPING PLAZA, INC., Respondent-Appellant, and MID-PLAZA ASSOCIATES, as Successor in Interest to MID PLAZA CINEMA, INC., et al., Appellants-Respondents. (Action No. 1.) MID-ISLAND SHOPPING PLAZA CO., Respondent-Appellant,

Cross appeal taken as or right by Mid-Island Shopping Plaza Co. dismissed, without costs, upon the ground that cross-appellant is not aggrieved by the modification at the Appellate Division (CPLR 5601, subd [a], par [iii]), and motion by cross-appellant made on oral argument for leave to appeal granted. Order affirmed, without costs, for the reasons stated in the opinion by Justice Leon D. Lazer at the Appellate Division ( 94 A.D.2d 466); the remaining time within which appellants may cure the violation of paragraph 11 of the ground lease will commence to run on service on appellants, with notice of entry, of a copy of the order of Supreme Court, Nassau County, to be entered on the remittitur of this court.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.

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MANN THEATRES CORP. v. MID-ISLAND SHOPPING PLAZA CO
(Jun 7, 1984)