Ordered that the appeal of Penn Encore, Inc., is held in abeyance pending the disposition of the bankruptcy proceedings initiated by it; and it is further,
Ordered that the order is reversed insofar as appealed from by the appellant Rite Aid Corporation, on the law, with costs, and that branch of the plaintiff's motion which was for partial summary judgment for attorney's fees is denied.
The burden of proof was upon the plaintiff to establish the necessity...
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