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FRASER PHARMACY v. SULAR REALTY CORP.

27 Misc.2d 737 (1961)

Fraser Pharmacy Corp., Plaintiff, v. Sular Realty Corporation et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

January 4, 1961

Attorney(s) appearing for the Case

Joseph Feinstein for plaintiff. Bodin, Feldman, Gottlieb & Charney (Harry Sabbath Bodin of counsel), for Sular Realty Corporation, defendant. Arnold H. Fassler for Connoisseur Delicatessen, Inc., defendant. Seymour Herzog for Realty Advertising Corp., defendant.

OWEN McGIVERN, J.

The plaintiff, a lessee of a drugstore and luncheonette in the Hotel Weylin building, 527 Madison Avenue, Manhattan, seeks a permanent injunction against a cotenant, a delicatessen, and against the landlord for breach of a restrictive covenant in the plaintiff's lease.

Although the plaintiff is primarily a drugstore, a substantial portion of its income is derived from its luncheonette...

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