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ROWE v. GREAT A&P TEA CO.

46 N.Y.2d 62 (1978)

Robert L. Rowe, Respondent, v. Great Atlantic & Pacific Tea Company, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided December 6, 1978.

Attorney(s) appearing for the Case

Alan M. Gelb, Donald S. Snider, James E. Merriman and Philip S. Kaufman for Great Atlantic & Pacific Tea Company, Inc., appellant.

Thomas P. Dougherty and Edward S. St. John for The Southland Corp., appellant.

Abraham D. Sofaer for respondent.

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

GABRIELLI, J.

We are called upon to determine whether a certain real property lease agreement contains an implied covenant limiting the lessee's power to assign the lease. The property subject to the lease is located in Sag Harbor, New York. In 1964, petitioner, Robert Rowe, an experienced attorney and businessman and the owner of the land involved herein, leased the property to respondent Great Atlantic &...

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