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Food Fair Stores, Richmond, Inc. v. Birnbaum

26 A.D.2d 554 Court N.Y. App. Div. Decision date 1966-06-13 English

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p. 554
Food Fair Stores, Richmond, Inc., Appellant, v. Bernard P. Birnbaum et al., Respondents.

In a declaratory judgment action for the construction of a commercial lease, in which defendants interposed a counterclaim for a permanent injunction, plaintiff-lessee appeals from an order of the Supreme Court, Richmond County, entered June 16, 1965, which granted defendants-lessors’ motion for an injunction pendente lite restraining plaintiff from constructing a proposed shopping center of less than 80,000 square feet on. the first floor. Order affirmed, with $20 costs and disbursements. The parties should proceed to trial as soon as possible. Ughetta, Acting P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.