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JOMAR BAKERY CORP. v. PERGAMENT UNITED SALES, INC.

159 A.D.2d 491 (1990)

Jomar Bakery Corp., Respondent, v. Pergament United Sales, Inc., Doing Business as Pergament, Appellant

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

March 5, 1990

Ordered that the judgment is reversed, on the law, with costs to the defendant, and the action is dismissed.

This action was commenced by the plaintiff Jomar Bakery Corp. (hereinafter Jomar), against the defendant Pergament United Sales, Inc. (hereinafter Pergament), inter alia, to recover damages for breach of contract and constructive ejectment. Jomar operated a bakery concession at a Pergament store, in space licensed to it by Pergament. After Jomar had...

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