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WON'S CARDS v. SAMSONDALE

165 A.D.2d 157 (1991)

Won's Cards, Inc., Appellant, v. Samsondale/Haverstraw Equities, Ltd., et al., Appellants, and Samsondale Plaza Associates, L.P., et al., Respondents

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

February 14, 1991

Attorney(s) appearing for the Case

Steven M. Silverstein (Jack Strauss of counsel), for Won's Cards, Inc., appellant.

Horwitz, Toback & Hyman (Arthur M. Toback of counsel), for Samsondale/Haverstraw Equities, Ltd. and another, appellants.

Haas, Greenstein, Samson, Cohen & Gerstein, P. C. (Robert I. Cantor of counsel), for Samsondale Plaza Associates and others, respondents.

MacVean, Lewis, Sherwin & McDermott (Michael H. Donnelly of counsel), for Baxter's-Haverstraw, Inc., respondent.

MIKOLL, YESAWICH, JR., LEVINE and MERCURE, JJ., concur.

CASEY, J. P.

Plaintiff operates a card shop in a shopping mall pursuant to a lease which provides that the "Landlord shall not permit any other premises within the Shopping Center * * * to be used for the sale of greeting cards and gift items, as normally found in a first rate gift shop, stationary [sic] and related supplies". In May or June 1987, defendant...

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