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SEILER v. LEVITZ FURNITURE CO., ETC.

367 A.2d 999 (1976)

Seymour SEILER, Defendant below, Appellant, v. LEVITZ FURNITURE COMPANY OF the EASTERN REGION, INC., Plaintiff below, Appellee, and Wilmington Shopping Center, Inc., et al., Defendants below, Appellees. WILMINGTON SHOPPING CENTER, INC., et al., Defendants below, Appellants, v. LEVITZ FURNITURE COMPANY OF the EASTERN REGION, INC., Plaintiff below, Appellee, and Seymour Seiler, Defendant below, Appellant.

Supreme Court of Delaware.

Decided November 24, 1976.

Reargument Submitted December 3 and 9, 1976.

Decided December 27, 1976.

Attorney(s) appearing for the Case

James M. Tunnell, Jr., William H. Sudell, Jr., and Richard D. Allen, of Morris, Nichols, Arsht & Tunnell, and David Snellenburg, II, Wilmington, for Seymour Seiler.

Bruce M. Stargatt and Richard H. May, of Young, Conaway, Stargatt & Taylor, Wilmington, for Levitz Furniture Co. of the Eastern Region, Inc.

F. Alton Tybout, of Tybout & Redfearn, Wilmington, for Wilmington Shopping Center, Inc., and A.A.R. Realty Corp.

William D. Bailey, Jr., and Alan T. Boyd, of Bayard, Brill & Handelman, Wilmington, for A. A. Rosen, Miriam Rosen, Jerry Bauman and Selma Bauman and A. A.R. Realty Corp.

Before DUFFY and McNEILLY, Justices, and BROWN, Vice Chancellor.

DUFFY, Justice:

This is an action by Levitz Furniture Company of the Eastern Region, Inc. (Levitz) to recover for damages to its Tri-State Mall store resulting from two floods in 1970 and 1971, respectively.1 Levitz also seeks damages for alleged defects in the air conditioning and electrical systems and in the flooring. Defendants are Wilmington Shopping Center, Inc. (Wilmington Shopping) and...

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