Grossman v. Wegman's Food Markets, Inc.

Judgment unanimously modified, by adding thereto a provision that it is without prejudice to the maintenance of such further action as plaintiff may be advised to take, and as modified, affirmed, with costs to defendant. Memorandum: Plaintiffs appeal from a judgment rendered after a trial which dismissed their action to compel defendant by means of specific performance to continue to occupy and operate leased premises as a retail grocery supermarket. Respondent leased the premises consisting of a store in the Big Ñ Shopping Plaza for a term of 15 years at an annual rental of $48,450 and also…