GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. v. TAPPS SUPERMARKETS, INC.


281 A.D.2d 514 (2001)

721 N.Y.S.2d 834

GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Respondent, v. TAPPS SUPERMARKETS, INC., Defendant, and ANTHONY CONTE et al., Appellants.

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

Decided March 19, 2001.


Ordered that the order is affirmed, with costs.

This action arises from the sublease of certain premises to the corporate defendant Tapps Supermarkets, Inc. (hereinafter Tapps), as successor to PAC Supermarkets, Inc. Tapps assigned the sublease, although it remained liable for the rent in the event that the assignee failed to pay. The appellants are the individual shareholders and officers of Tapps. They moved for summary...

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