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CIRCUIT CITY STORES, INC. v. MUSS

151 A.D.2d 714 (1989)

Circuit City Stores, Inc., Respondent, v. David Muss et al., Appellants, et al., Defendants

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

June 26, 1989

Ordered that the judgment is affirmed, with costs.

The plaintiff is a tenant of a parcel of property located in Nassau County and improved with a building that is used as a retail store. The parcel is situated next to a shopping center operated by the defendants David Muss and S. Joseph Tankoos, Jr. and known as the Sunrise Mall (hereinafter the mall). When the mall was built, the defendants Muss and Tankoos allegedly constructed...

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