Steinway Building Co. v. Paxinos

The plaintiff, Steinway Building Co., Inc., owns a parcel of real property in Astoria. It contains several stores. One has been leased since 1919 to defendant Brocoum. In it he has *397operated a confectionery store. On May 1, 1926, an adjoining store in the same parcel was leased to defendant Paxinos for use as a restaurant. The lease contained a provision reading:

“ 23rd. It is further agreed between the parties hereto that the landlord will not rent or permit the use of any portion of the corner plot of the premises hereby let form a part, [sfc] for a restaurant, coffee pot, cafeteria or lunch…