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LARCHMONT DRUG STORE, INC. v. 4915 REALTY CORP.

278 A.D. 954 (1951)

Larchmont Drug Store, Inc., Appellant, v. 4915 Realty Corp. et al., Respondents

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

June 11, 1951.

Judgment modified on the law and the facts by granting plaintiff judgment on the first cause of action. As so modified, the judgment is unanimously affirmed, with costs to appellant.

In our opinion, the service unit and ice cream dispensing cabinet constitute what is known both popularly and in the trade as a fountain. In order to give full effect to the words "fountain" and "luncheonette" in the restraining clause of plaintiff...

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