Nature of the Case
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Facts
On August 10, 1979, P entered into a written agreement with Monarch Associates, D's predecessor in title, giving P a sole and exclusive right to install and maintain laundry machines in the apartment complex presently owned by D. The contract was for a period of 10 years. It was supposed to be binding 'on the heirs, successors, and assigns of the parties, and the rights hereunder shall not be disturbed or affected by foreclosure, acquisition, merger or any change of ownership.' Monarch transferred the property by deed to Marine Midland Bank. In February 1981, the bank conveyed the property to D. D inquired about the laundry machines on the property and was advised by Marine Midland Bank that there was no existing agreement concerning any laundry machines located on the premises. D immediately asked P to remove the machines. P commenced this action. Special Term granted P's motion for a preliminary injunction and denied D's cross-motion. D appealed.
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