Arista Luncheonette, Inc. v. Harann Operating Corp.

Appeal from a judgment enjoining the sale of “sandwiches, candies, ice cream, cigars and cigarettes” in the store premises occupied by appellants Bertuccio and Lovi during the term of respondent’s lease to the adjoining store. Judgment reversed on the law and the facts, with costs, and complaint dismissed, with costs. Findings of fact inconsistent herewith are reversed and new findings are made as indicated herein. The action was based on covenants in respondent’s lease, which was made on September 10, 1950, for the term commencing November 1, 1950, and ending October 31, 1960, that the…