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HILL TOP TOYS, INC. v. GREAT ATL. & PAC. TEA CO.

4 A.D.2d 691 (1957)

Hill Top Toys, Inc., Respondent, v. Great Atlantic & Pacific Tea Company et al., Appellants

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

June 17, 1957

Order reversed, without costs, motion for an injunction pendente lite denied, and cross motions for summary judgment dismissing the complaint granted.

Respondent's lease provides that the sale of toys by another tenant in the building, incidental to the business of such other tenant, shall not be deemed a breach of the restrictive covenant in respondent's lease. The lease of the appellant tenant, which provides that...

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