Uptown Food Store, Inc. v. Ginsberg

-Plaintiff’s suit is to enforce a negative cove nant contained in a lease. Plaintiff-corporation leased realty, equipment and fixtures from defendants for the purpose of merchandising “groceries, meats, produce and allied lines of merchandise customarily sold in supermarkets and no other.” The lease provides the rental shall be paid on a percentage basis with a minimum and maximum. The term was for five years commencing September 28, 1954. The lease provided for renewal periods and plaintiff is in possession at all times pertinent under an agreed renewal. The lease contained the following…