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FAY'S DRUG CO. OF RIVERSIDE, INC. v. P & C PROP. COOP., INC.

51 A.D.2d 887 (1976)

Fay's Drug Co. of Riverside, Inc., Appellant, v. P & C Property Cooperative, Inc., et al., Respondents

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

February 24, 1976

Order unanimously reversed, with costs, and motion granted.

Memorandum:

Plaintiff appeals from an order which denied its motion to strike from the note of issue defendant Nicholas J. Masterpol's (Masterpol) demand for a jury trial. Plaintiff leased from codefendant P & C Property Cooperative, Inc. (P & C), certain premises in a commercial shopping plaza. P & C subsequently sold the property and assigned the lease to Masterpol. The lease contained...

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