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DANIEL PERLA ASSOCIATES v. KRASDALE FOODS, INC.

12 A.D.3d 555 (2004)

786 N.Y.S.2d 75

DANIEL PERLA ASSOCIATES, Appellant, v. KRASDALE FOODS, INC., et al., Respondents, et al., Defendant.

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

November 22, 2004.

Ordered that the judgment is affirmed, with one bill of costs to the respondents, appearing separately and filing separate briefs.

In 1990 the plaintiff loaned a sum of money to Rajna Corp. (hereinafter Rajna), the operator of a grocery store which also owed money to its food supplier, the defendant Krasdale Foods, Inc. (hereinafter Krasdale). By a collateral assignment, Rajna assigned its store lease to the plaintiff and Krasdale. An "Inter-Creditor" agreement between...

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