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KEY DRUG CO., INC. v. LUNA PARK REALTY ASSOCS.

221 A.D.2d 598 (1995)

634 N.Y.S.2d 502

Key Drug Co., Inc., Respondent, v. Luna Park Realty Associates, Defendant, and Health Insurance Plan of Greater New York, Inc., Doing Business as HIP, Appellant

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

November 27, 1995

Ordered that the order is reversed, on the law and the facts, with costs, and the plaintiff's motion for a preliminary injunction is denied.

The plaintiff pharmacy, as tenant, leased premises in a shopping center from the defendant-landlord Luna Park Realty Associates (hereinafter Luna) in 1987. The lease included a restrictive covenant in which Luna agreed that it would not rent any other store in the shopping center to a pharmacy. All tenants then present within...

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