MULLER v. STAR SUPERMARKETS, INC.


49 A.D.2d 696 (1975)

Emil Muller et al., Respondents, v. Star Supermarkets, Inc., Appellant

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

July 18, 1975


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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