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PAPA GINO'S v. LATHAM ASSOCS.

135 A.D.2d 74 (1988)

Papa Gino's of America, Inc., Respondent, v. Plaza at Latham Associates, Appellant

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

January 28, 1988

Attorney(s) appearing for the Case

F. Richard Decatur, Jr., for appellant.

McNamee, Lochner, Titus & Williams, P. C. (Peter A. Pastore and David J. Wukitsch of counsel), for respondent.

MAHONEY, P. J., CASEY, WEISS and LEVINE, JJ., concur.

KANE, J.

In November 1977, plaintiff, a national restaurant chain, and defendant, a partnership and proprietor of a shopping mall located in Albany County, entered into a 20-year lease. Section 12.15 of the lease provided in pertinent part that: "Landlord shall not lease to any other store premises whose main business is the sale of pizza * * * If Landlord leases to a store in violation of this paragraph Tenant...

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