Weinberg v. Edelstein

Supreme Court, Special Term, New York County110 N.Y. Supp. 2d 806 (1952)

Facts

Weinberg (plaintiff) entered into a commercial lease that entitled him to sell ladies dresses, among other things. The lease included a covenant stating that the landlord would not allow any other leased space in the same building to sell ladies dresses. Edelstein (defendant) was assigned a lease for retail space in the same building for the purpose of selling women’s clothing, including skirts and blouses. The assignor had sold skirt-blouse combinations. Edelstein began selling matching skirts and blouses. Weinberg felt that the skirt-blouse combinations were dresses, the sale of which was restricted by the covenant. Weinberg filed suit, seeking an injunction to restrain Edelstein from selling the skirt-blouse combinations.

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