FOX v. CONGEL


75 A.D.2d 681 (1980)

James L. Fox et al., Appellants-Respondents, v. Robert J. Congel et al., Appellants, and Kevin Hanley, Individually and Doing Business as Athletic Attic, et al., Respondents

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

April 17, 1980


Defendants-appellants Robert J. Congel and Pyramid Company of Glens Falls (Pyramid) are the owners of the Aviation Mall in Warren County, and since August 4, 1975 plaintiffs have rented space in the mall for a sporting goods store. Pursuant to a restrictive convenant in plaintiffs' lease, Pyramid agreed that neither in the mall as it then existed nor in an expanded mall would it rent space to any other tenant whose principal line of business was the "sale of sporting goods...

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