Legal Opinion
Alcon v. Kinton Realty, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 1956PublishedCited by 10 opinions
1Opinion of the CourtGibson, J.
In August, 1953, defendant Kinton Realty, Inc., leased to plaintiff a store, restricted to the sale of shoes and footwear, in the city of Kingston. The written lease provided that the landlord would not, during the term, rent a store or stores on the same premises “ to any other dealer in shoes of any type or description ”. The lease further provided: “ This instrument may not be changed, modified or discharged orally.”
Plaintiff concedes that, after commencing business, he was anxious that the landlord rent the adjacent store in its so-called shopping center, in the belief that his business…
2Cases cited3 opinions
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Thomson v. . PoorNew York Court of Appeals · 1895
- Harris v. . ShorallNew York Court of Appeals · 1921
3Cited by10 opinions
- Armour & Co. v. CelicCourt of Appeals for the Second Circuit · 1961
- Lusker v. TannenAppellate Division of the Supreme Court of the State of New York · 1982
- European-American Banking Corp. v. Chock Full O'Nuts Corp.Appellate Terms of the Supreme Court of New York · 1981
- Compton Advertising, Inc. v. Madison-59th Street Corp.New York Supreme Court · 1977
- BOBROW PALUMBO SALES, INC. v. Broan-Nutone, LLCDistrict Court, E.D. New York · 2008
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