Topol v. Smoleroff Development Corp.

Plaintiff, Abram Topol, and defendant Samuel Kane are lessees from the same landlord of separate stores located on opposite ends of the block front on Starling avenue between Odell and Purdy streets, borough of the Bronx, city of New York. Plaintiff has procured an injunction restraining the defendant Kane from selling sodas or candy of any kind in his store, on the theory that such sale violates a restrictive covenant contained in plaintiff’s lease.

Both plaintiff and Kane had been in possession of their respective stores during terms prior to the periods covered by their present leases;…