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COSMOPOLITAN ART GALLERY OF HUNTINGTON, LTD. v. WALT WHITMAN MGMT., INC.

36 A.D.2d 583 (1971)

Cosmopolitan Art Gallery of Huntington, Ltd., Respondent, v. Walt Whitman Management, Inc., Appellant, et al., Defendants

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

February 1, 1971

The appellant shall recover of respondent $50 costs and disbursements of this appeal.

Paragraph 63(b) of the lease as set forth in the complaint herein excludes from the restrictive covenant "noncommercial art displays and/or shows (including sales therefrom) in any of the common areas of the Shopping Center." Since it is not alleged in the complaint that the art show, which in fact has been held outdoors, was not within...

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