Order unanimously modified in accordance with memorandum and, as modified, affirmed, with costs to appellants.
Memorandum:
An action was brought by plaintiff Turpin Corporation (Turpin) seeking a declaratory judgment adjudging its right to proceed with the erection of a supermarket on premises known as the Towe Property located in the Town of Gates, Monroe County, and decreeing that defendant Acme Markets, Inc. (Acme), be prohibited from interfering with or...
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