Private A. S. Realty Corp. v. Julian

Judgment unanimously affirmed, with costs, on the opinion of Mr. Justice Lewis at Special Term.

Present — Kelly, P. J., Rich, Jaycox, Kelby and Young, JJ.

The following is the opinion of the court below:

Lewis, J.:

Plaintiff seeks to restrain the defendants from using the store and premises 503 Avenue U, Brooklyn, N. Y., for the sale of vegetables, claiming that such sale is in violation of a restrictive covenant providing “ the store in said premises shall not be used for any business whatsoever except a fruit and grocery store for a period of two years ending June 16, 1926, and none of the…