Northway Mall Associates v. Bernlee Realty Corp.

Order, Supreme Court, New York County (Gomez, J.), entered April 8, 1982, granting plaintiff’s motion for summary judgment and assessment of damages, is unanimously modified, on the law, to the extent that plaintiff’s motion for summary judgment is denied in fofo as against defendant Arlen Realty and Development Corp., and the complaint is.dismissed as against said defendant, and the order is otherwise affirmed, without costs. Neither the defendant Arlen, nor its predecessor by merger, Spartans Industries, Inc., is a party to or has assumed any obligations under the contract sued on. As to…