ERNIE OTTO CORPORATION v. INLAND SOUTHEAST THOMPSON MONTICELLO, LLC

512319.

91 A.D.3d 1155 (2012)

936 N.Y.S.2d 756

2012 NY Slip Op 273

ERNIE OTTO CORPORATION, Appellant, v. INLAND SOUTHEAST THOMPSON MONTICELLO, LLC, Respondent.

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

Decided January 19, 2012.


McCARTHY, J.

In January 1997, defendant, then owner of Monticello Mall, entered into a lease agreement with plaintiff to rent space within the mall for a greeting card store. The lease contained a restrictive covenant that prohibited defendant from renting "[d]uring the term of this [l]ease ... to another [t]enant dedicated primarily to the sale of greeting cards." The lease defined such tenant as one with "more than thirty-six (36) feet of rack for the sale of greeting...

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