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BEAR MOUNTAIN BOOKS, INC. v. WOODBURY COMMON PARTNERS

232 A.D.2d 595 (1996)

649 N.Y.S.2d 167

Bear Mountain Books, Inc., Appellant, v. Woodbury Common Partners et al., Respondents

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

October 28, 1996

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

In 1987, the defendant Woodbury Common Partners leased space in its factory outlet shopping center to the plaintiff. The lease contained the following provision: "Landlord agrees that it will not in the future lease another store in the Shopping Center to a tenant whose principal (more than 50%) business would be the sale of books or video...

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