Friedman v. Celfan Building Corp.

Defendant moves to preclude plaintiff from giving any evidence on the trial of this action pertaining to those items of defendant’s demand as to which particulars have not been furnished by plaintiff’s bill of particulars.

The instant equity action is brought by the tenant of a stationery store to enforce a negative covenant in the lease, whereby the landlord had agreed “ not to allow any other tenant to sell or offer for sale,” among other things, such an item as “ soda.” The complaint alleges that shortly after plaintiff purchased the stationery business and the accompanying lease a grocery…