Mam Restaurant, Inc. v. Rector Street Properties Associates

This is an action brought by plaintiff to enjoin defendants from operating or permitting the operation of a restaurant and/or luncheonette in any portion of the building known as 19 Rector Street, New York, in violation of a restrictive covenant in a lease between landlord of said building and plaintiff.

Plaintiff is an assignee of a lease entered into with landlord on July 1,1961. The assignment took place on January 25,1963. The lease contained the following pertinent paragraphs:

“ 2. Tenant shall use and occupy demised premises for a restaurant, luncheonette and soda fountain ”.

“ 52. The…