Drabbant Enterprises, Inc. v. Great Atlantic & Pacific Tea Co.

OPINION

LONGOBARDI, District Judge.

I. NATURE OF THE PROCEEDINGS

On April 21, 1988, Front Street Properties, a New York general partnership, (“Front Street”) and Drabbant Enterprises, Inc. (“Drabbant”) filed a lawsuit against the Great Atlantic & Pacific Tea Company (“A & P”) seeking a preliminary injunction and declaratory relief. Plaintiffs seek to enjoin A & P from enforcing a restrictive covenant in its lease. In addition, Plaintiffs are also seeking a declaration that the restrictive covenant is unenforceable and that Defendant is in breach of its lease due to its abandonment of the leased…