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FOOD FAIR STORES CORPORATION v. VARI

191 A.2d 257 (1963)

FOOD FAIR STORES CORPORATION, a corporation of the State of Delaware, Defendant below, Appellant, v. John James VARI, Plaintiff below, Appellee.

Supreme Court of Delaware.

Reargument Denied May 13, 1963.

Attorney(s) appearing for the Case

Albert L. Simon, Wilmington, for appellant.

Sidney Balick of Aerenson & Balick, Wilmington, for appellee.

SOUTHERLAND, Chief Justice, WOLCOTT, Justice, and MARVEL, Vice Chancellor, sitting.

WOLCOTT, Justice

This is an appeal by the defendant from the denial of its motion for summary judgment and from an order granting leave to the plaintiff to amend the complaint to change the defendant.

The action is one for personal injuries suffered by the plaintiff on September 28, 1959, on premises located at 2005 Pennsylvania Avenue in Wilmington, said premises being occupied by a Food Fair Store.

On September 7, 1960, the plaintiff instituted suit...

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