National Bank of North America v. Brook Shopping Centers, Inc.

In an action for a permanent injunction, defendant Brook Shopping Centers, Inc., appeals from an order of the Supreme Court, Westchester County (Beisheim, J.), dated November 14, 1983, which, inter alia, granted plaintiff’s motion to discontinue the action.

Order affirmed, with costs.

Plaintiff National Bank of North America (NBNA) operates a branch at the Cross County Shopping Center in Westchester County pursuant to a lease agreement which was assigned to defendant Brook Shopping Centers, Inc. (Brook), the current owner of the shopping center. The lease contains a provision prohibiting Brook…