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LAMPORT v. 4175 BROADWAY, INC.

6 F.Supp. 923 (1934)

LAMPORT v. 4175 BROADWAY, Inc., et al.

District Court, S. D. New York.

January 15, 1934.

Attorney(s) appearing for the Case

Fischer & Weitzer, of New York City, for plaintiff.

Charles H. O'Connor, of New York City (Michael J. O'Neill, of New York City, of counsel), for defendants.

PATTERSON, District Judge.

The motion is to dismiss the complaint for failure to state a cause of action against the defendant Great Atlantic & Pacific Tea Company.

The complaint alleges that the plaintiff rented a store in a building owned by the defendant 4175 Broadway, Inc., to be used for the sale of fruits and vegetables; the lease containing the following clause: "The landlord hereby agrees not to let stores on Broadway in the building on the southwest...

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