Legal Opinion
Supreme Finance Corp. v. Burnee Corp.
Appellate Terms of the Supreme Court of New York
Decided January 17, 1933PublishedCited by 4 opinions
1Per curiam
The evidence was sufficient to require submission to the jury of the question whether the “ fine of business ” conducted by the Roxy Doughnut Shop, Inc., was so similar to that conducted in the demised premises as to constitute a violation of the covenant contained in the lease. (People’s Trust Co. v. Schultz N. & S. G. Co., 244 N. Y. 14; Schmuckler v. Raynes Realty Corp., 137 Misc. 320.)
The proper measure of damage for the breach of such a covenant *376would be the difference between the rental value of the demised premises with and without the other store rented to a competing business. The…
2Cases cited5 opinions
- Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
- Peoples Trust Co. v. Schultz Novelty & Sporting Goods Co.New York Court of Appeals · 1926
- Humphrey v. Trustees of Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 1930
- Charman v. HibblerAppellate Division of the Supreme Court of the State of New York · 1898
- Schmukler v. Raynes Realty Corp.New York Supreme Court · 1930
3Cited by4 opinions
- Krikorian v. DaileySupreme Court of Virginia · 1938
- Senn v. LaddNew York Supreme Court · 1942
- Friedman v. Celfan Building Corp.New York Supreme Court · 1958
- PNY Realty Corp. v. Chong Leung RestaurantCivil Court of the City of New York · 1982