Weinberg v. Edelstein
Supreme Court, Special Term, New York County
110 N.Y. Supp. 2d 806 (1952)
Relevant factsFree
Weinberg's (plaintiff) lease included a covenant barring the landlord from leasing other space in the building to sell ladies dresses; Edelstein (defendant), whose predecessor had sold matching skirt-and-blouse sets, was assigned a lease to sell women's clothing and continued selling those matched sets. Weinberg sued to enjoin the sales as violating the dress-exclusivity covenant, arguing the matched sets were functionally dresses.
IssueFree
Whether a restrictive covenant will be enforced when the terms defining its scope are vague and overlap with the defendant's actual product line.
Related cases
Tippecanoe Associates II, LLC v. Kimco Lafayette 671, Inc.811 N.E.2d 438 (2004)Providence Square Associates, LLC v. G.D.F., Inc.211 F.3d 846 (2000)Vernon Township Volunteer Fire Department, Inc. v. Connor855 A.2d 873 (2004)Medico-Dental Building Company of Los Angeles v. Horton and Converse132 P.2d 457 (1942)Laba v. Carey277 N.E.2d 641 (1971)