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.