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CONE v. ACME MKTS.

41 A.D.2d 409 (1973)

Harry Cone, as Executor of Manuel Cominsky, Deceased, Respondent-Appellant, v. Acme Markets, Inc., Appellant-Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 18, 1973.

Attorney(s) appearing for the Case

Kernan & Kernan (Earle C. Bastow of counsel), for appellant-respondent.

Rossi, Cohen & Durso, P. C. (Daniel S. Cohen of counsel), for respondent-appellant.

DEL VECCHIO, J. P., MOULE, CARDAMONE and HENRY, JJ., concur.

MARSH, J.

This is an appeal in an action brought for a declaratory judgment concerning the rights of the parties pursuant to certain provisions of a lease dated February 22, 1955, as amended, between defendant North Utica Shopping Center, Inc., lessor, and defendant-appellant-respondent, Acme Markets, Inc., lessee. Plaintiff-appellant-respondent Cone appeals from so much of the judgment as declared plaintiff...

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