Weinberg v. Edelstein

201 Misc. 343, 110 N.Y. Supp. 2d 806 (1952)

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Nature of the Case

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Facts

Weinberg (P) and Edelstein (D) operated retail stores in the same building. P's lease enabled him to sell certain items of lady’s apparel, and the landlord covenanted that P had exclusive rights to such items for sale in the building. D obtained his lease by assignment, and it included certain items of lady’s apparel made with the approval and acceptance of P. D then displayed matching skirts and blouses. P claimed that in reality, they were two-piece dresses, which were prohibited under the covenants. P sued.