Ernie Otto Corp v. Inland Southeast Thompson Monticello, LLC

Appeal from an order of the Supreme Court (Clemente, J.) entered December 14, 2004 in Sullivan County, which, inter alia, on the Court’s own motion, dismissed the complaint against defendant Kim Hine.

Kim’s Mountain Gift Corporation (hereinafter Kim’s)* has operated a gift store in the Monticello Mall in the Town of Monticello, Sullivan County, since 1993. In its original lease, Kim’s was authorized to “sell[ ] fine gifts including porcelains, greeting cards and costume jewelry.” In 1997, plaintiff, intending to open a greeting card store, entered into a lease agreement with the mail’s…