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EMERALD ENTERS. OF ROCHESTER, INC. v. CHILI PLAZA ASSOCS.

237 A.D.2d 912 (1997)

656 N.Y.S.2d 1011

Emerald Enterprises of Rochester, Inc., Appellant, v. Chili Plaza Associates et al., Respondents

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

March 14, 1997

Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff operates a bar and restaurant in Chili-Paul Plaza. Its lease with the owner, defendant Chili Plaza Associates (CPA), provides that CPA will not lease space to a "tavern, saloon or bar." The lease further provides that "this restriction has no application whatsoever, present or future, to any restaurant * * * conducting a bar and...

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