Schmukler v. Raynes Realty Corp.

The plaintiff’s lease permits her to use the demised premises “ only for a modern confectionery, toys, stationery and cigar store,” and contains a covenant by the landlord “ not to rent any other store in said building for the same line of business.” A subsequent lease of a store in the same building to the defendant The Great Atlantic and Pacific Tea Company is only “ for the purpose of a general merchandise business, unrestricted, including groceries, smoked and fresh meats, poultry, fish, fresh fruits, vegetables,. candy, cigars and cigarettes.” Concededly some of the articles *321sold by the…