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J.C. PENNEY CORP. v. CAROUSEL CENTER CO.

No. 5:04-CV-1356 (FJS/DEP).

635 F.Supp.2d 126 (2008)

J.C. PENNEY CORPORATION, INC., Plaintiff, v. CAROUSEL CENTER COMPANY, L.P.; Pyramid Company of Onondaga; PCM Development Company; and Crystal Run Company, L.P., Defendants.

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

July 8, 2008.

Attorney(s) appearing for the Case

Harter, Secrest & Emery, L.L.P., Edward F. Premo, Esq., Kimberly I. Shimomura, Esq., of Counsel, Rochester, NY, for Plaintiff.

J.C. Penney Corporation, Inc., Celeste D. Flippen, Esq., of Counsel, Plano, TX, for Plaintiff.

Costello, Cooney & Fearon, P.L.L.C., Dennis P. Hennigan, Esq., John R. Langey, Esq., Robert J. Smith, Esq., of Counsel, Syracuse, NY, for Defendants.

Dadd & Nelson, P.C., Eric T. Dadd, Esq., of Counsel, Attica, NY, for Defendants.

MEMORANDUM-DECISION AND ORDER

SCULLIN, Senior District Judge.

I. INTRODUCTION

Plaintiff filed this complaint on November 22, 2004, asserting a number of claims against Defendants concerning its lease obligations as a tenant in the Carousel Mall in Syracuse, New York, and the Galleria Mall in Wallkill, New York. See Complaint at ¶¶ 1-2. First, Plaintiff asserts a breach-of-contract claim against Defendant Carousel Center Company...

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