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L.I.R. Mgmt. Corp. v. Mid-City Associate – Case Brief Summary (New York)

In L.I.R. Mgmt. Corp. v. Mid-City Associate, 184 AD2d 235, 584 N.Y.S.2d 559, (1st Dept 1992) the Plaintiff was entitled to an injunction preventing defendant from selling types of food specified in a clause of its lease.

The defendant contravened the restrictive negative covenant in the plaintiff's lease by selling food that could have resulted in the defendant competing directly with plaintiff's fast-food establishments.

Since revenue gained by the defendant at the expense of the plaintiff would be difficult to determine and might be wholly speculative, a legal remedy was inadequate.