J. J. Newberry Co v. Kingston Plaza, Inc.

Appeal from a judgment of the Supreme Court in favor of respondents, dismissing the complaint, upon a decision of the Court at Trial Term, without a jury. Appellant, a tenant of respondent Kingston Plaza, Inc., owner of a shopping center in the City of Kingston, New York, sues for a permanent injunction restraining respondents from erecting a building to be occupied by respondent Herzog Supply Co., Inc., in the shopping center. It is appellant’s contention that the proposed location of the building violates restrictive covenants contained in the lease between appellant and respondent Kingston…