Papa Gino's of America, Inc. v. Plaza at Latham Associates
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kane, J.
In November 1977, plaintiff, a national restaurant chain, and defendant, a partnership and proprietor of a shopping mall located in Albany County, entered into a 20-year lease. Section 12.15 of the lease provided in pertinent part that: "Landlord shall not lease to any other store premises whose main business is the sale of pizza * * * If Landlord leases to a store in violation of this paragraph Tenant shall pay Percentage Rent only plus common area maintenance and real estate tax charges and Merchants Association dues.” In July 1984, defendant leased space in the…
2Cases cited8 opinions
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- Intercontinental Planning, Ltd. v. Daystrom Inc.New York Court of Appeals · 1969
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- 67 Wall Street Co. v. Franklin National BankNew York Court of Appeals · 1975
- Walker Memorial Baptist Church, Inc. v. SaundersNew York Court of Appeals · 1941
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