Shoe Town (NY), Inc. v. Independent Properties Co.

Cross appeals from an order of the Supreme Court at Special Term (Harlem, J.), entered August 3, 1981 in Albany County, which granted in part plaintiff’s motion for summary judgment. Plaintiff, a shoe store, occupies space in a shopping mall owned by defendant Independent Properties Company, Inc. (Independent). The lease governing plaintiff’s occupancy, by which both parties are concededly bound, contains a clause whereby the landlord agreed that “no other store in the shopping center, with the exception of Grandway or its replacement, nor any sublessee or assignee, be permitted to sell any…