SHERWIN WILLIAMS CO. v. ASBN, INC.

No. COA00-753.

550 S.E.2d 527 (2001)

The SHERWIN-WILLIAMS COMPANY, Plaintiff, v. ASBN, INC., d/b/a Fishmarket Restaurant, Inc., Fishmarket Restaurant, Inc., Nathan Alberty, Betty D. Alberty, Maria Jandera, and Joseph Zahradnicek, Defendants.

Court of Appeals of North Carolina.

July 17, 2001.


Attorney(s) appearing for the Case

Robert D. Potter, Jr., Charlotte, for plaintiff-appellant.

Poyner & Spruill, L.L.P., by Parmele P. Calame, Charlotte, for defendant-appellees Nathan and Betty D. Alberty.


WALKER, Judge.

Plaintiff initiated this action on 1 June 1999 seeking damages in connection with a lease of commercial property to defendant ASBN, Inc. d/b/a Fishmarket Restaurant (ASBN). Defendants Nathan Alberty and Betty Alberty moved for summary judgment and plaintiff filed a cross-motion for summary judgment against all defendants. After a hearing, the trial court granted plaintiff's motion for summary judgment against ASBN, defendant Jandera and defendant Zahrandnicek...

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