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KENNEY v. EDDYGATE PARK ASSOCIATES

19 A.D.3d 859 (2005)

797 N.Y.S.2d 581

WILLIAM S. KENNEY et al., Appellants, v. EDDYGATE PARK ASSOCIATES, Doing Business as EDDYGATE PARK APARTMENTS, et al., Respondents.

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

June 16, 2005.

Carpinello, J.

Plaintiff William S. Kenney (hereinafter plaintiff) leased space in a commercial building owned by defendant Eddygate Park Associates (hereinafter defendant) for the purpose of operating a barbecue restaurant. Numerous other businesses leased space in the building, including a Chinese restaurant. Pursuant to the lease between these parties, plaintiff had the exclusive right to sell certain foods on his premises and was prohibited from selling certain...

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