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SINGER CO. v. STOTT & DAVIS

79 A.D.2d 227 (1981)

Singer Company, Appellant, v. Stott & Davis Motor Express, Inc., et al., Respondents Singer Company, Appellant, v. EMA Holding Company, Respondent Sterling Millwork, Doing Business as Shaver Brothers, Appellant, v. Stoda Corporation, Respondent Sterling Millwork, Doing Business as Shaver Brothers, Appellant, v. EMA Holding Company, Respondent

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

February 26, 1981

Attorney(s) appearing for the Case

Gleason, Foulke, Magill & Hewitt (Walter C. Foulke of counsel), for Singer Co., appellant.

Bond, Schoeneck & King (S. Paul Battaglia of counsel), for Sterling Millwork, Inc., appellant.

Michaels, Michaels, Wineburg, Scollan & Weinstein (Lee S. Michaels of counsel), for Stott & Davis Motor Express and another, respondents.

Sugarman, Wallace, Manheim & Schoenwald (Donald L. Schoenwald of counsel), for EMA Holding Co., respondent.

SIMONS, J. P., CALLAHAN, DENMAN and SCHNEPP, JJ., concur.

MOULE, J.

Defendant EMA Holding Company (EMA) purchased a building complex in 1973 (Hoffman Plant) located on York Street in the City of Auburn. The complex was thereafter leased to defendant Stoda Corporation (Stoda), a companion corporation of Stott & Davis Motor Express, Inc. (Stott & Davis). The two corporations had the same stockholders and officers.

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