Card Appeal, Inc. v. Deli-Bake, Inc.

OPINION OF THE COURT

Alfred J. Weiner, J.

This is an action for a declaratory judgment holding that plaintiff’s sale of New York State lottery tickets, including Lotto tickets, is not a violation of its lease with defendant. A preliminary injunction has been granted by this court, prohibiting defendant from terminating plaintiff’s lease. The trial was concluded on January 15, 1986.

*725On October 1, 1979, the parties entered into a 10-year written lease agreement for the rental of a stationery store in a small shopping center. Pursuant to paragraph 2 of the lease, the premises were to be used for a…