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CORD MEYER DEVEL. CO. v. BELL BAY DRUGS

20 N.Y.2d 211 (1967)

Cord Meyer Development Company et al., Respondents, v. Bell Bay Drugs, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided July 7, 1967.

Attorney(s) appearing for the Case

H. Leo Kapner for appellants.

Paul J. Goodman and Abraham Abramowitz for respondents.

Chief Judge FULD and Judges SCILEPPI, BERGAN, KEATING and BREITEL concur with Judge VAN VOORHIS; Judge BURKE dissents and votes to affirm and to remand to Supreme Court, Queens County, for entry of judgment absolute granting an injunction.

VAN VOORHIS, J.

Crestview Chemists, Inc. (hereafter called Crestview) rents a pharmacy in a shopping center from its coplaintiff Cord Meyer Development Co., Inc. (hereafter called Cord Meyer) in Bayside, Queens. It is located in a commercially zoned area. Defendant Bell Bay Drugs, Inc. (hereafter called Bell Bay) rents space used as a pharmacy in a nearby professional medical building from defendant 212-26 Realty...

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