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J.C. PENNY CORP., INC. v. CAROUSEL CENTER CO.

No. 02-CV-1360.

306 F.Supp.2d 274 (2004)

J.C. PENNY CORPORATION, INC., Plaintiff, v. CAROUSEL CENTER COMPANY, L.P., Defendant,

United States District Court, N.D. New York.

February 20, 2004.

Attorney(s) appearing for the Case

Harter, Secrest & Emery, LLP, Rochester, NY (Edward F. Premo, Celeste D. Flippen, Phv, of counsel), for plaintiff.

Stanley, Sweeney, Riley & Allen, PC, Albany, NY (David C. Kuracina, of Counsel), for defendant.

BACKGROUND

MUNSON, Senior District Judge.

Carousel is a limited partnership, its limited partner is Pyramid Company of Onondaga ("Pyramid"), which owns 98% of Carousel. Carousel's general partner is Carousel General Company, L.L.C., which owns 2% of Carousel. The center of this lawsuit is the Carousel Mall ("the Mall"), which is operated by Carousel under a 1995 assignment from Pyramid, the Mall's builder. Pyramid, either directly or through affiliates,...

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