Order unanimously modified in accordance with memorandum and as modified affirmed, without costs.
Memorandum:
Defendant (Star Supermarkets, Inc.) appeals from the denial of its motion to dismiss plaintiffs' complaint under CPLR 3211 (subd [a], par 7) and from the denial of its alternative motion for summary judgment under CPLR 3212. Star contracted with Panorama Development Company to operate a supermarket in Panorama Plaza. By the terms of the lease entered...
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