Rainbow Shop Patchogue Corp. v. Roosevelt Nassau Operating Corp.

In an action by a tenant of a store in a shopping center (1) for a judgment declaring that defendant, the landlord, has no right, in view of the terms of plaintiff’s lease, to build a snack-bar kiosk on the mall fronting the store and (2) for an injunction restraining defendant from so doing, defendant appeals from so much of an order of the Supreme Court, Kings County, dated September 24, 1969, as denied its cross motion to dismiss the complaint. Order affirmed insofar as appealed from, with $10 costs and disbursements. In considering the sufficiency of the complaint the court must assume…