ALCON v. KINTON REALTY


2 A.D.2d 454 (1956)

Jay Alcon, Appellant, v. Kinton Realty, Inc., et al., Respondents

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

November 9, 1956.


Attorney(s) appearing for the Case

Philip Korn for appellant.

Abraham Streifer for respondents.

BERGAN, J. P., COON, HALPERN and ZELLER, JJ., concur.


GIBSON, J.

In August, 1953, defendant Kinton Realty, Inc., leased to plaintiff a store, restricted to the sale of shoes and footwear, in the city of Kingston. The written lease provided that the landlord would not, during the term, rent a store or stores on the same premises "to any other dealer in shoes of any type or description". The lease further provided: "This instrument may not be changed, modified or discharged...

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