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KIMCO DEV v. MICHAEL D'S CARPET

536 Pa. 1 (1993)

637 A.2d 603

KIMCO DEVELOPMENT CORPORATION, House of Bargains, Inc., P.A.C. Meat Markets, Inc., d/b/a Boffa Brothers Fine Meats, Fabric Center, Inc., Alfred Palmerio, t/a Palmerio Hairstyling, Bagel Bin, Inc. v. MICHAEL D'S CARPET OUTLETS and Laramie Corporation, a/k/a Stan's Carpet, Inc., Panelrama, Inc. and General Foam Corporation. Appeal of GENERAL FOAM CORPORATION. MICHAEL D'S CARPET OUTLETS. v. GENERAL FOAM CORPORATION, Appellant. Linda REMY and Michael Mentz, d/b/a Pharo's Restaurant and Pizzeria. v. MICHAEL D'S CARPET OUTLETS, Stan's Carpets, Inc., a/k/a Laramie Corporation, Panelrama Incorporated and General Foam Corporation. Appeal of GENERAL FOAM CORPORATION.

Supreme Court of Pennsylvania.

Decided November 12, 1993.

Order Granting Reargument and Dismissing Appeal January 14, 1994.

Attorney(s) appearing for the Case

Peter J. Taylor, Pittsburgh, for appellant in No. 63 E.D. Appeal Docket 1991.

Hugh M. Emory, Michael O'Hayer, Wayne, for appellant in No. 64 E.D. Appeal Docket 1991.

Rochelle M. Fedullo, Philadelphia, for Remy, et al.

Albert Saltz, Philadelphia, Hugh M. Emory, Geoffrey W. Veith, Philadelphia, for Michael D's.

Melvin R. Schuster, Elliott R. Feldman, Philadelphia, for Kimco, et al.

Terry S. Hyman, Richard C. Angino, Harrisburg, for amicus-P.T.L.A.

Stephen C. Baker, Malvern, Craig Russell Blackman, Philadelphia, for amicus-CNA Ins. Co.

Before NIX, C.J., and FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

PAPADAKOS, Justice.

This matter arises out of a fire that occurred at the Springfield Shopping Center in Delaware County on May 10, 1983. The fire broke out in the basement of Michael D's Carpet Outlets (hereinafter "Michael D's"), consuming Michael D's store and severely damaging the shopping center owned by Kimco Development Corporation (hereinafter "Kimco"). The premises of several of Kimco's tenants were also severely damaged...

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