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CARBONIC SALES & SERV., INC. v. PLAZA AT LATHAM ASSOCS.

96 A.D.2d 671 (1983)

Carbonic Sales and Service, Inc., Respondent, v. Plaza at Latham Associates, Appellant

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

July 21, 1983

Plaintiff commenced the underlying action to recover possession of equipment owned by Coca Cola, Inc., which had been leased to Freshy's Hamburgers, Inc., a lessee of certain real property owned by defendant, and money damages for unlawful detention. After Freshy's terminated business and petitioned for bankruptcy,* defendant refused plaintiff's 1981 demand for return of the equipment. Plaintiff commenced this action and moved for summary judgment...

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