SOL GORD LUNCHEONETTE, INC. v. S. & H. REALTY CO.


50 A.D.2d 799 (1975)

Sol Gord Luncheonette, Inc., Respondent, v. S. & H. Realty Co., Defendant, and Convenience Discount Centers, Inc., Appellant

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

December 1, 1975


Judgment reversed insofar as appealed from, on the law and the facts, with costs, and complaint dismissed.

This action is based upon a covenant in plaintiff's lease, dated August 1, 1959, which lease was in effect at all relevant times. The covenant provides that the landlord would not rent any stores in the subject building in a shopping center "for a store commonly known as a stationery store for the sale of newspapers or magazines or as a luncheonette." Appellant...

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