Hussein Environment, Inc. v. Roxborough Apartments Corp.

*427Plaintiff operates a restaurant called Cleopatra’s Needle at premises leased from defendant Roxborough’s predecessor in interest at 2483-85 Broadway in Manhattan. The lease states that plaintiff shall use the premises for “a table cloth restaurant operation serving only so-called ‘Middle Eastern’ and/or seafood menu, and, at Tenant’s sole option, including liquor and/or beer and wine service.” Pursuant to Article 43 of the lease, the building owner agreed not to enter into any lease containing a use clause “substantially identical” to the use clause.

At the time that plaintiff entered into the…