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GRAND UNION CO. v. CORD MEYER DEVELOPMENT CO.

Nos. 689, 690, 813, Docket 84-7768, 84-7772 and 84-7774.

761 F.2d 141 (1985)

The GRAND UNION COMPANY, Plaintiff-Appellee-Cross-Appellant, v. CORD MEYER DEVELOPMENT COMPANY and King Kullen Grocery Company, Inc., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 13, 1985.

Attorney(s) appearing for the Case

Alan Goldston, New York City (Paskus, Gordon & Hyman, New York City, Steven Mairella, New York City, of counsel), for plaintiff-appellee-cross-appellant.

John R. Armentano, Mineola, N.Y. (Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P.C., Mineola, N.Y., Steven L. Herrick, Mineola, N.Y., of counsel), for defendants-appellants-cross-appellees.

Before LUMBARD, MANSFIELD, and PIERCE, Circuit Judges.

LUMBARD, Circuit Judge:

All parties appeal from an August 8, 1984 judgment of the Eastern District of New York, Leonard D. Wexler, Judge, which, based on the court's construction of an ambiguous contract provision: 1) nullified a lease between Cord Meyer Development Co. and King Kullen Grocery Co.; 2) enjoined Cord Meyer from negotiating with any supermarket wishing to lease space in its Bay Terrace Shopping Center until August 9, 1985 and from entering into a lease...

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