Durso Supermarkets, Inc. v. D'Urso

—Order of the Supreme Court, New York County (Shirley Fingerhood, J.), entered on or about February 25, 1992, which granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiffs cross-motion for summary judgment, as well as a declaration that its failure to make payment is not a default, is unanimously affirmed, with costs and disbursements.

The Key Foods supermarket chain, which was operated by Durso Supermarkets, Inc., was sold for $43.5 million by defendant Florence B. D’Urso, the founder’s widow, to a company owned by plaintiffs current principal. A portion…