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LERNER STORES v. HOSIERY CO

86 Misc.2d 215 (1976)

Lerner Stores Corporation, Plaintiff, v. Parklane Hosiery Company, Inc., et al., Defendants. Parklane Hosiery Company, Inc., Defendant and Third-Party Plaintiff, v. Ralph's Rochester, Inc., et al., Third-Party Defendants.

Supreme Court, Monroe County.

March 25, 1976

Attorney(s) appearing for the Case

James V. Philippone, P. C., for plaintiff. Harris, Beach & Wilcox (Eric Stonehill of counsel), for defendant and third-party plaintiff. Martin, Dutcher, Mousaw, Vigdor & Reeves (Delon F. Mousaw of counsel), for Rite Aid Corporation, third-party defendant.

ROBERT E. WHITE, J.

This is a motion to dismiss the amended third-party complaint of Parklane Hosiery Company, Inc., as it relates to Rite Aid Corporation.

New York Lerner Company, Inc., plaintiff's assignor, leased certain premises located at 124-128 East Main Street, Rochester, New York, to Ralph's Rochester, Inc. whereby the said tenant covenanted to pay a rental on a monthly basis together with utility...

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