K-Mart Corp. v. Midcon Realty Group of Connecticut, Ltd.

RULING ON MOTION OF DEFENDANT LAWRENCE H. FURMAN TO DISMISS COUNT IX OF THE COMPLAINT

JOSÉ A. CABRANES, District Judge:

This case has its origin in the collapse of part of the roof of a retail store in Manchester, Connecticut in January 1978. Plaintiffs K-Mart Corporation and K-Mart Apparel Corporation (collectively “K-Mart”), which operated the store on premises owned by Midcon Realty Group of Connecticut, Ltd. (“Midcon”), brought this action against three defendants — Midcon, which built the store and leased it to K-Mart; Peter J. Saker, Inc. (“Saker”), the general contractor for the…