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WESTBURY POST AVE. ASSOCS. v. GREAT ATL. & PAC. TEA CO.

38 N.Y.2d 890 (1976)

Westbury Post Avenue Associates, Respondent, v. Great Atlantic and Pacific Tea Company, Appellant.

Court of Appeals of the State of New York.

Decided February 12, 1976.

Attorney(s) appearing for the Case

George M. Lehr, George R. Ruditz and Steven D. Dreyer for appellant.

Bernard H. Goldstein, Noah S. Baer and Mona D. Shapiro for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

Order affirmed, with costs, on the memorandum at the Appellate Division (see, also, Mallad Constr. Corp. v County Fed. Sav. & Loan Assn., 32 N.Y.2d 285, 290-291; accord Matter of Surrey Strathmore Corp. v Dollar Sav. Bank of N. Y., 36 N.Y.2d 173, 177; Hartford Acc. & Ind...

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