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SEARS, ROEBUCK v. 69TH STREET RETAIL MALL

No. 2359 EDA 2014, No. 2506 EDA 2014

126 A.3d 959 (2015)

2015 PA Super 208

SEARS, ROEBUCK & CO., Appellee v. 69TH STREET RETAIL MALL, L.P., 69th Street Retail Owner, L.P., 69th Street GP, LLC, 69th Street GP II, LLC, AAC Management Corp., and Ashkenazy Acquisition Corp., Appellants. Sears, Roebuck & Co., Appellant v. 69th Street Retail Mall, L.P., 69th Street Retail Owner, L.P., 69th Street GP, LLC, 69TH Street GP II, LLC, AAC Management Corp., and Ashkenazy Acquisition Corp., Appellees.

Superior Court of Pennsylvania.

Filed October 2, 2015.

Attorney(s) appearing for the Case

Joseph C. Crawford , Philadelphia, for 69th Street Retail Mall, et al.

Joseph S. D'Amico, Jr. , Center Valley, for Sears, Roebuck & Co.

BEFORE: FORD ELLIOTT, P.J.E., OLSON, J., and WECHT, J.

In this case, Sears, appellee and cross-appellant before this Court, sued the above-captioned appellants, who are also the cross-appellees in this matter, alleging, inter alia, that the appellants had constructively evicted Sears from a building that Appellant entities variously owned,

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