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WEINBERG v. EDELSTEIN

201 Misc. 343 (1952)

Louis B. Weinberg, Plaintiff, v. Mark Edelstein, Doing Business under the Name of Jay-Lynn Ladies Wear, Defendant.

Supreme Court, Special Term, New York County.

January 18, 1952.

Attorney(s) appearing for the Case

William Seligson and Leo E. Falkin for plaintiff.

Samuel Rubin for defendant.

MATTHEW M. LEVY, J.

The plaintiff and the defendant operate retail stores in the same building. The plaintiff's lease, entered into in June, 1949, for a five-year term, entitles him to sell "ladies dresses, coats and suits and ladies sports clothes". The landlord in that lease covenanted with the plaintiff "not to rent any other store in the same building for the retail sale of ladies dresses, coats and suits...

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