SPEAKMAN, J.C.C. (temporarily assigned).
This case requires the determination of the following questions: (1) under the lease between the parties whereby the defendant-tenant conducts a retail store in the premises located in Montclair and which provides that part of the rent is computed on the basis of a percentage of the defendant's sales, is there an implied covenant which prevents the defendant from transferring merchandise and departments from the store in the...
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