IN RE BOMBAY REALTY CORP. v. MAGNA CARTA, INC., 37 (N.Y. 5-6-2003)

IN THE MATTER OF BOMBAY REALTY CORPORATION, Respondent v. MAGNA CARTA, INC., Respondent, AND CELLULAR 2000 AND BEYOND, LLC, Appellant.

37Court of Appeals of the State of New York.
May 6, 2003.

Chief Judge Kaye and Judges Ciparick, Wesley, Rosenblatt, Graffeo and Read concur.

Opinion by Judge Smith.

Order reversed, with costs, petitioner’s motion for summary judgment denied and cross motion for summary judgment by respondent Cellular 2000 and Beyond, LLC granted.