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BLAIR v. FIVE PTS. SHOPPING PLAZA

51 A.D.2d 167 (1976)

Kenneth O. Blair et al., Doing Business as Kirkwood Pharmacy, Respondents, v. Five Points Shopping Plaza, Inc., Appellant. (Action No. 1.) Donald J. Millham, Doing Business as Kirkwood Pharmacy, Respondent, v. Five Points Shopping Plaza, Inc., Appellant. (Action No. 2.) William L. Bluer, Doing Business as Bill's Barber Shop, Respondent, v. Five Points Shopping Plaza, Inc., Appellant. (Action No. 3.) Arlene Starley et al., Doing Business as Arlene's Beauty Shop, Respondents, v. Five Points Shopping Plaza, Inc., Appellant. (Action No. 4.)

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

February 11, 1976

Attorney(s) appearing for the Case

Palmer, Hankin, Peyton & Hanifin (Kenneth J. Kretzer of counsel), for appellant.

Carmien & Young (John W. Young of counsel), for Kenneth O. Blair and another, respondents.

John J. Connerton for Donald J. Millham and others, respondents.

GREENBLOTT, J.P., MAIN, LARKIN and REYNOLDS, JJ., concur.

HERLIHY, J.

This appeal is submitted to the court on an agreed statement of facts pursuant to CPLR 5527. The primary question before the trial court was whether or not the plaintiffs as tenants were liable to the landlord-appellant for certain repairs which the landlord caused to be made to a common parking lot at a shopping plaza. The determination of the issue was dependent upon the provisions of a leasehold...

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