Rainbow Shop Patchogue Corp. v. Roosevelt Nassau Operating Corp.

On this motion for a preliminary injunction to enjoin defendant from constructing a snack bar-kiosk on the mall fronting plaintiff’s store premises, the parties stipulated that defendant’s opposing papers may be considered as a cross motion to dismiss plaintiff’s complaint.

The complaint, in substance, alleges that, during the course of construction of a shopping center involving the construction of buildings, streets, malls and public ways, the predecessors in interest of the respective parties negotiated a lease for a store fronting on a mall, as per exhibited plans; that it was represented…