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NAT'L BANK OF NORTH AM. v. BROOK SHOPPING CTRS., INC.

105 A.D.2d 734 (1984)

National Bank of North America, Respondent, v. Brook Shopping Centers, Inc., Appellant, et al., Defendant

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

November 13, 1984

Order affirmed, with costs.

Plaintiff National Bank of North America (NBNA) operates a branch at the Cross County Shopping Center in Westchester County pursuant to a lease agreement which was assigned to defendant Brook Shopping Centers, Inc. (Brook), the current owner of the shopping center. The lease contains a provision prohibiting Brook from leasing space in the shopping center to another commercial bank, but the geographical extent of that restrictive covenant...

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