FRATELLI'S PIZZA AND RESTAURANT CORP. v. KAYZEE REALTY CORP.

1796, 15023/07.

74 A.D.3d 481 (2010)

902 N.Y.S.2d 534

FRATELLI'S PIZZA AND RESTAURANT CORP., Appellant, v. KAYZEE REALTY CORP. et al., Respondents.

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

Decided June 8, 2010.


On March 20, 2006, plaintiff and defendant landlord entered into a lease extension, for a term commencing June 1, 2010 and ending May 31, 2026, that provides: "Landlord shall not rent [certain specified nearby premises] to any party who offers for sale the same type of food sold by [plaintiff] and if a tenant occupying one of these premises commences the sale of prohibitive [sic] foodstuffs, landlord shall take steps necessary to have tenant cease and desist from those...

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