Legal Opinion
Rialto Luncheonette, Inc. v. 1481 Broadway Corp.
New York Supreme Court
Decided April 5, 1939PublishedCited by 6 opinions
1Opinion of the CourtCotillo, J.
The plaintiff seeks a permanent injunction restraining an alleged violation of the restrictive covenants of a lease between it as the tenant and the defendant 1481 Broadway Corporation, the landlord. The plaintiff runs a luncheonette in the basement arcade of 1481 Broadway. In the lease it is provided as follows:
“ Use (7). The tenant agrees that it will use the demised premises only as a Luncheonette, with fountain sendee, with or without an open front, wherein and whereat people may be served with food for consumption on the premises, from counters, but are not to be seated at tables.
“ The…
2Cases cited2 opinions
- Peoples Trust Co. v. Schultz Novelty & Sporting Goods Co.New York Court of Appeals · 1926
- Greenfield v. . GilmanNew York Court of Appeals · 1893
3Cited by6 opinions
- Snyder's Drug Stores, Inc. v. Sheehy Properties, Inc.Supreme Court of Minnesota · 1978
- Eldre Components, Inc. v. KlimanNew York Supreme Court · 1965
- Flanagan, Beck & Koeppel Enterprises, Inc. v. SpenoNew York Supreme Court · 1963
- Fulway Corp. v. Liggett Drug Co.New York Supreme Court · 1956
- Harper Successors, Inc. v. Sandab Realty Corp.New York Supreme Court · 1963
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