New York Court of Appeals

Rudolph Weiss, Doing Business as Beverly Pharmacy v. Mayflower Doughnut Corp.

May 31, 19561 N.Y.2d 310

Summary

The New York Court of Appeals reversed the lower courts and held that Mayflower Doughnut Corp. is bound by the plaintiff's restrictive lease covenant, that the plaintiff's alleged lease violation does not invoke unclean hands, that Mayflower's business is substantially similar to the plaintiff's luncheonette, and that laches does not bar an injunction. The matter was remanded to Special Term for further proceedings consistent with this opinion.