478 N.Y.S.2d 867, 467 N.E.2d 531

FAY’S DRUG COMPANY, INC., Respondent, v. GENEVA PLAZA ASSOCIATES, Appellant.

Court of Appeals of the State of New York.Argued May 9, 1984
Decided June 12, 1984

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, David O. Boehm, J.

Page 887

[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Page 888

Joseph A. Giorgi for appellant.

Gary M. Glassman for respondent.

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (98 A.D.2d 978).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.