PAPA GINO'S OF AM., INC. v. PLAZA AT LATHAM ASSOCS.


170 A.D.2d 869 (1991)

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

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

February 21, 1991


Casey, J. P.

At issue on this appeal is the amount of damages to which plaintiff, the operator of a pizza parlor in defendant's shopping mall, is entitled as a result of defendant's breach of a provision in the parties' lease agreement whereby defendant agreed not to lease to any other store whose main business is the sale of pizza. On a prior appeal, this court concluded that defendant was in violation of the provision by leasing premises to another...

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