Binghamton Plaza, Inc. v. Fashion Bug 2470 of Binghamton, Inc.

Appeal from an order of the Supreme Court (Coutant, J.), entered June 7, 1996 in Broome County, which, inter alia, granted defendants’ motion for summary judgment dismissing the complaint.

Defendant Fashion Bug #2470 of Binghamton, Inc. (hereinafter defendant) is a retailer of women’s clothes and sells large and half-size clothing as part of its merchandise. In September 1991, defendant leased commercial space from plaintiff in a shopping plaza located in the City of Binghamton, Broome County. Defendant subsequently discovered that plaintiff had leased space in the same plaza to a retail store…