State v. Griffith Oil Co.

Appeal from those parts of an order of Supreme Court, Erie County (Joslin, J.), entered May 8, 2001, that, inter alia, denied that part of the motion of *895defendant Mahl Bros. Oil Co., Inc. to sever the cross claims alleging breach of contract.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the cross motion of defendants Griffith Oil Co., Inc. and Sugar Creek Stores, Inc., vacating the declaration that the leases were properly terminated, reinstating the 1st, 3rd, 4th, 5th, 6th, 9th, 11th, 12th, 13th and 14th cross claims…