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ARISTA LUNCHEONETTE, INC. v. HARANN OPERATING CORP.

1 A.D.2d 681 (1955)

Arista Luncheonette, Inc., Respondent, v. Harann Operating Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 19, 1955

Judgment reversed on the law and the facts, with costs, and complaint dismissed, with costs.

Findings of fact inconsistent herewith are reversed and new findings are made as indicated herein. The action was based on covenants in respondent's lease, which was made on September 10, 1950, for the term commencing November 1, 1950, and ending October 31, 1960, that the adjoining store premises in question would not be rented or

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