CHARLOTTE OFFICE TOWER v. CAROLINA SNS

No. 8726DC991.

366 S.E.2d 905 (1988)

CHARLOTTE OFFICE TOWER ASSOCIATES v. CAROLINA SNS CORPORATION and Pepi's Cheese and Wine, Inc.

Court of Appeals of North Carolina.

April 19, 1988.


Attorney(s) appearing for the Case

Moore & Van Allen by Hayden J. Silver, III, Charlotte, for plaintiff-appellee.

Perry, Patrick, Farmer & Michaux by Roy H. Michaux, Jr., Charlotte, for defendant-appellant Carolina SNS Corporation.

Waggoner, Hamrick, Hasty, Monteith, Kratt, Cobb and McDonnell by Dean Gibson, Charlotte, for defendant-appellant Pepi's Cheese and Wine, Inc.


EAGLES, Judge.

The sole issue on appeal is whether the trial court erred in refusing to apply G.S. 42-33 to stay the order of possession. Defendants contend that application of the statute was appropriate and would have allowed defendants to maintain possession of the leased premises. We disagree and affirm.

Defendants argue that Couch v. Realty Corp., 48 N.C. App. 108, 268 S.E.2d 237

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