Legal Opinion
Kem Cleaners, Inc. v. Shaker Pine, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 13, 1995PublishedCited by 6 opinions
1Opinion of the CourtPeters, J.
Appeal from an order of the Supreme Court (Hughes, J.), entered March 27, 1995 in Albany County, which, inter alia, granted defendant’s cross motion for summary judgment dismissing the complaint.
In December 1994, defendant, owner of a strip mall known as Shaker Pine Mall (hereinafter the Mall) in the Town of Colonie, Albany County, agreed to lease to plaintiff a 1,200-square foot retail space that was previously occupied by a video store. The pertinent lease provision provided as follows:
"3. OCCUPANCY:
"[Plaintiff] shall use and occupy the Premises for no purpose other than a dry cleaning…
2Cases cited15 opinions
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
- 67 Wall Street Co. v. Franklin National BankNew York Court of Appeals · 1975
- Post v. 120 East End Avenue Corp.New York Court of Appeals · 1984
- Mann Theatres Corp. of California v. Mid-Island Shopping Plaza Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Mann Theatres Corp. v. Mid-Island Shopping Plaza Co.New York Court of Appeals · 1984
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3Cited by6 opinions
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- Hawkins, Delafield & Wood, LLP v. RBNB 67 Wall Street Owner LLCNew York Supreme Court · 2005
- Ruback's Grove Campers Ass'n v. MooreAppellate Division of the Supreme Court of the State of New York · 2012
- Ruback's Grove Campers Ass'n v. MooreAppellate Division of the Supreme Court of the State of New York · 2012
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