HUSSEIN ENVT., INC. v. ROXBOROUGH APTS. CORP.

6679, 114295/07

92 A.D.3d 426 (2012)

938 N.Y.S.2d 23

2012 NY Slip Op 728

HUSSEIN ENVIRONMENT, INC., Also Known as CLEOPATRA'S NEEDLE, Appellant, v. ROXBOROUGH APARTMENTS CORP. et al., Respondents.

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

Decided February 2, 2012.


Plaintiff operates a restaurant called Cleopatra's Needle at premises leased from defendant Roxborough's predecessor in interest at 2483-85 Broadway in Manhattan. The lease states that plaintiff shall use the premises for "a table cloth restaurant operation serving only so-called `Middle Eastern' and/or seafood menu, and, at Tenant's sole option, including liquor and/or beer and wine service." Pursuant to Article 43 of the lease, the building owner agreed not to enter into...

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