BLUEBERRIES GOURMET, INC. v. ARIS REALTY CORP.


291 A.D.2d 520 (2002)

737 N.Y.S.2d 644

BLUEBERRIES GOURMET, INC., Appellant, v. ARIS REALTY CORP. et al., Respondents.

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

Decided February 25, 2002.


Ordered that the judgment is affirmed, with one bill of costs.

In December 1986 the plaintiff entered into an agreement with the defendant Aris Realty Corp. (hereinafter Aris) to lease space in the East Norwich Shopping Center for the operation of a "supermarket grocery store, including the sale of wine and beer, and on premises consumption of food." The agreement also included a restrictive covenant. Over 10 years later, in June 1997, Aris entered into an agreement...

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