L.I.R. MGMT. CORP. v. MID-CITY ASSOCS.


184 A.D.2d 235 (1992)

L.I.R. Management Corporation, Respondent, v. Mid-City Associates et al., Appellants

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

June 4, 1992


We agree with the IAS Court that it is likely that defendant Zaro's, if permitted to sell the type of food specified in the use clause of its lease with defendant Mid-City, would be competing directly with plaintiff's fast food establishments in contravention of the restrictive covenant in plaintiff's lease with defendant Mid-City. Since the revenues that would be lost by plaintiff's businesses to a newly opened Zaro's Bread Basket are difficult to determine and indeed may...

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