
    Simon Doniger, Appellant, v. St. Mark’s Holding Corporation et al., Respondents.
    (Submitted May 14, 1925;
    decided June 2, 1925.)
    
      Lease — action to enjoin breach of alleged covenant.
    
    
      Doniger v. St. Mark’s Holding Corporation, 211 App. Div. 808, affirmed.
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November "28, 1924, unanimously affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The action was for an injunction to restrain the respondents from leasing or subletting the whole or any part of the block front from Union street to Eastern parkway on the easterly side of Franklin avenue, in the borough of Brooklyn, for the use and occupancy as a drug store and for the purchase, sale and distribution of drugs in any form whatsoever and for the purchase, sale or distribution of ice cream in connection with the said drug store, until February 15, 1932, in violation of an alleged covenant contained in a lease.
    
      Theodore B. Chancellor and A. Loeb Salkin for appellant.
    
      Arthur Hutter for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  