Fraser Pharmacy Corp. v. Sular Realty Corp.

The plaintiff, a lessee of a drugstore and luncheonette in the Hotel Weylin building, 527 Madison Avenue, Manhattan, seeks a permanent injunction against a cotenant, a delicatessen, and against the landlord for breach of a restrictive covenant in the plaintiff’s lease.

Although the plaintiff is primarily a drugstore, a substantial portion of its income is derived from its luncheonette, a large part of which latter business is based on “ take out ” orders for off-premise consumption. Its lease contains the following provision, which has become the subject of the instant lawsuit: “ 43- Landlord…