Evans v. Grand Union Co.

ORDER

OWENS, Chief Judge.

Before the court are the defendant’s motion for summary judgment and the plaintiffs’ motion for partial summary judgment. The issues concern whether a grocery store lease, executed by the plaintiff landlords and defendant tenant Grand Union Company’s (“Grand Union”) predecessor in interest, Colonial Stores, Inc. (“Colonial”), imposed upon Grand Union a duty of continuous use and occupancy. After careful consideration of the briefs submitted by counsel and the record as a whole, the court makes the following findings of undisputed material facts and conclusions of law.

Un…