Friendly Ice Cream Corp. v. Great Eastern Mall, Inc.

Order unanimously modified in accordance with memorandum and, as modified, affirmed, with costs to plaintiff. Memorandum: Both parties appeal from Special Term’s order which denied defendant’s motion to dismiss the proceeding and referred the matter to' the trial part of the court for a trial of the issues. Plaintiff operates a restaurant which sells among other products ice cream cones. The business is located in a shopping plaza owned by defendant. Defendant attempted to enforce its regulation prohibiting consumption of food on the common-mall area. In a prior proceeding, on May 10, 1974…