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Suburban Eats moved for a preliminary injunction enjoining defendants, including WRD Melville, from leasing space in a shipping center to any company engaged in the sale of food or beverages for consumption on or off premises, including Moe’s Southwestern Grill. Defendants argued a review of the lease showed that what was prohibited was WRD leasing space to another food market, not a restaurant, noting the Town of Huntington Code distinguished between food shops and restaurants. Defendants argued Suburban knew of and waived any claim the lease with Moe’s did not constitute a default on defendants’ part. Suburban alleged it never waived its rights and nothing in its new lease referred to a restrictive covenant. The court noted at the time Suburban entered into its lease it was not yet a restaurant, but a food shop. Also, emails appeared to show it was possible Suburban knew of the existence of Moe’s coming into the shopping center before Suburban signed its amended lease, using the knowledge to its own advantage, and signed an estoppel clause that may prevent it from now seeking to assert that defendants violated a provision of its lease concerning the restrictive covenant. As Suburban failed to sustain its burden, injunctive relief was denied.