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MATTER OF ARAGONA v. GREAT ATL. & PAC. TEA CO., INC.

60 A.D.2d 707 (1977)

In the Matter of the Claim of Alberto Aragona et al., Respondents-Appellants, v. Great Atlantic & Pacific Tea Company, Inc., Appellant-Respondent

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

December 22, 1977

For the reasons stated in the opinion of Judge Clyne, we affirm so much of the order entered thereon as dismissed the petitions. We do not agree, however, with the conclusion that respondent should furnish an undertaking, and the order should be modified accordingly. Upon completion of the shopping center, with the required number of tenants, as provided in the lease in question, petitioners would be entitled to recover the reserved...

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