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JEFFERSON CITY COMMONS, LLC v. MORAN FOODS, INC.

No. 08 Civ. 4866 (LAK).

620 F.Supp.2d 563 (2009)

JEFFERSON CITY COMMONS, LLC, Plaintiff, v. MORAN FOODS, INC., d/b/a Save-A-Lot, Ltd., Defendant.

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

May 21, 2009.

Attorney(s) appearing for the Case

Robert J. Tolchin, Elizabeth Eilender, Michelle Holman, Law Offices of Robert J. Tolchin, for Plaintiff.

David B. Picker, Suzanne Ilene Schiller, Spector Gadon & Rosen, P.C., for Defendant.

MEMORANDUM OPINION

LEWIS A. KAPLAN, District Judge.

Plaintiff Jefferson City Commons, LLC ("JCC"), the owner of a shopping center, brings this action for damages against Moran Foods, Inc. ("Moran"), the lessee of space in the shopping center, for breach of the lease. The action was removed to this Court on the basis of diversity of citizenship. Moran now moves for partial summary judgment determining that any recovery by JCC is limited to base rent, additional...

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