The filing follows a statement earlier this week by McDonald's CEO Joe Skinner in response to rumors that the fast food giant was going to restructure, starting a spin-off company or a REIT. "Neither would be in the best interests of our system or our shareholders."

This is not the first time Vornado has made a significant investment in an operating retail company. Last year the company paid $337 million for shares of Sears, Roebuck & Co., and since that retailer's merger with Kmart, Vornado has realized an aggregate net gain on that investment since of $146.9 million.

And in July Vornado and a group of private equity firms acquired Toys "R" Us for about $6.6 billion. Vornado contributed $428 million of the $1.3 billion of equity spent on that venture.