LUNA LIGHTING, INC. v. JUST INDUSTRIES, INC.


45 A.D.3d 814 (2007)

847 N.Y.S.2d 126

LUNA LIGHTING, INC., Appellant, v. JUST INDUSTRIES, INC., Respondent, et al., Defendants.

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

Decided November 27, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant Just Industries, Inc. (hereinafter JI), is the record owner of two parcels of real property in Brooklyn. On April 2, 1997, JI and the nonparty Broadway Studios, Inc. (hereinafter Studios), entered into a contract for the sale of the two parcels to Studios. The contract of sale gave Studios the right to immediate possession of the real property.

The parcels, however, were...

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