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HORN & HARDART CO. v. JUNIOR BLDG., INC.

40 N.Y.2d 927 (1976)

Horn & Hardart Company, Respondent-Appellant, v. Junior Building, Inc., et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided November 16, 1976.

Attorney(s) appearing for the Case

Martin I. Shelton, Saul S. Streit, Ralph L. Ellis and Richard L. Spinogatti for respondent-appellant.

Leonard H. Mandel, Joseph Richter and Philip H. Schaeffer for appellants-respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The issue is whether under the provisions of a 1957 lease the tenant may now operate a "Burger King" restaurant on the leased premises.

The lease limited use of the premises to "one or more of the following purposes: a service restaurant, Automat restaurant, cafeteria, counter and stool restaurant, retail shop for the sale of baked goods and other items usually sold in Horn & Hardart retail stores...

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