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SCHWARTZ v. BERSANI

50 Misc.2d 1044 (1966)

Howard Schwartz, Plaintiff, v. Anthony R. Bersani et al., Defendants. (Action No. 1.) Empire State Realty Associates, Plaintiff, v. Howard Schwartz, Defendant. (Action No. 2.) Empire State Realty Associates, Third-Party Plaintiff, v. J. M. Fields of Rochester, Inc. et al., Third-Party Defendants. (Action No. 3).

Supreme Court, Onondaga County.

April 13, 1966

Attorney(s) appearing for the Case

Bond, Schoeneck & King (John Fryer of counsel), for plaintiff. Coulter, Fraser, Carr, Ames & Bolton (Bruce Bolton of counsel), for Anthony R. Bersani and others, defendants.

Stein, Abrams & Rosen for J. M. Fields of Rochester, Inc. and another, defendants. Driscoll, Mathews, Gingold & Cass (Eli Gingold of counsel), for J. M. Fields of Troy, Inc., defendant. Coulter, Fraser, Carr, Ames & Bolton (Bruce Bolton of counsel), for plaintiff. Bond, Schoeneck & King (John Fryer of counsel), for defendant.

Coulter, Fraser, Carr, Ames & Bolton (Bruce Bolton of counsel), for third-party plaintiff. Driscoll, Mathews, Gingold & Cass (Eli Gingold of counsel), for third-party defendants.

GEORGE H. VINETTE, J.

The plaintiff, Howard Schwartz, the proprietor of a pharmacy located at "Field City" Shopping Center in North Syracuse, New York, seeks a permanent injunction against the defendant Fields. The various defendant corporation entities are herein referred to as "Fields" because of the identity of interests and by the stipulation of attorneys. The gravamen of this action is to enjoin Fields...

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