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SERAITA v. ROTHSTEIN

23 Misc.2d 288 (1960)

Murray Seraita et al., Doing Business as M. & S. Fruit Exchange, Plaintiffs, v. Irving Rothstein et al., Defendants.

Supreme Court, Special Term, Bronx County.

March 21, 1960.

Attorney(s) appearing for the Case

Bernard P. Levy for plaintiffs.

Albert W. Fribourg for Irving Rothstein, defendant.

Miles, Miles & Cohen (Samuel S. Multer of counsel), for Bensol Food Corporation, defendant.

FRANCIS X. CONLON, J.

The plaintiffs, operators of a fruit and vegetable store under the name of M. & S. Fruit Exchange at 125 West Kingsbridge Road (Store No. 6), seek a permanent injunction restraining during the existence of their lease (1) Bensol Food Corporation, tenant occupying stores Nos. 1 and 2 of the same address, from offering for sale at retail at these premises fresh fruits and vegetables; and (2) Irving Rothstein, the landlord, from...

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