BERKELEY DEV. CO. v. GREAT ATLANTIC & PACIFIC TEA CO.


214 N.J. Super. 227 (1986)

518 A.2d 790

BERKELEY DEVELOPMENT CO., PLAINTIFF, v. THE GREAT ATLANTIC & PACIFIC TEA COMPANY AND COMMUNITY DISTRIBUTORS, INC. (INCORRECTLY IMPLEADED AS DRUG FAIR, INC.), DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided September 5, 1986.


Attorney(s) appearing for the Case

Robert J. Fettweis for plaintiff (Clapp & Eisenberg, attorneys).

Christine D. Petruzzeli for defendant The Great Atlantic & Pacific Tea Company (Wilentz, Goldman & Spitzer, attorneys).

Rowand H. Clark for defendant Community Distributors, Inc. (Bernstein, Hoffman & Clark, attorneys).


BOYLE, J.S.C.

The issue in this case is: does a tenant-assignee, a modern chain drug store, selling general merchandise including food, have the right to enforce a covenant against competition contained in an original lease between the landlord, a shopping center owner, and the original tenant-assignor, a supermarket, where the tenant-assignor has ceased its operations within the shopping center?

This court has decided that it does not under the circumstances...

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