Graff v. Bernwitt Corp.

Plaintiff occupies a store in premises owned by the defendant Bernwitt Corporation under a lease thereof, which he holds by assignment. The store occupied by the plaintiff is one of a row of stores owned by the defendant corporation. That corporation in its lease covenanted that no other store in the row would be leased by the owner to any other tenant “ * * * for occupancy as a cigar, cigarette, stationery, toy, sporting goods, novelty, magazines and newspapers, confectionery, ice cream and bottled soda store.” Subsequently the Bernwitt Corporation leased to the Great Atlantic and Pacific…