SHOE TOWN (NY), INC. v. INDEP. PROPS. CO., INC.


89 A.D.2d 674 (1982)

Shoe Town (NY), Inc., Respondent-Appellant, v. Independent Properties Company, Inc., et al., Appellants-Respondents

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

July 15, 1982


Plaintiff, a shoe store, occupies space in a shopping mall owned by defendant Independent Properties Company, Inc. (Independent). The lease governing plaintiff's occupancy, by which both parties are concededly bound, contains a clause whereby the landlord agreed that "no other store in the shopping center, with the exception of Grandway or its replacement, nor any sublessee or assignee, be permitted to sell any type of footwear, and that no other store in the shopping center...

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