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LITTON INDUSTRIES CREDIT v. PLAZA SUPER OF MALTA

No. 76-CV-496.

503 F.Supp. 83 (1980)

LITTON INDUSTRIES CREDIT CORPORATION, Plaintiff, v. PLAZA SUPER OF MALTA, INC., Savas Ermides, Natalie A. Ermides, C. J. Drislane Co., Inc., Star Plaza, Inc. and Capitol Refrigeration Co., Inc., Defendants.

United States District Court, N. D. New York.

October 24, 1980.

Attorney(s) appearing for the Case

Ryan & Silberberg, Gerald E. Fogerty, New York City, for plaintiff.

Helm, Shapiro, Ayers, Anito & Aldreich, Douglas H. Ward and Howard Shapiro, Albany, N.Y., for defendants.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

This diversity action arises out of an agreement for the lease of refrigeration equipment entered into between the plaintiff Litton Industries Credit Corporation (hereinafter "Litton"), as lessor and defendant Plaza Super of Malta, Inc. (hereinafter "Plaza"), as lessee. Payment under the lease was allegedly guaranteed by defendants C. J. Drislane Co., Inc. (hereinafter "Drislane"), Star Plaza, Inc. (hereinafter...

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