Transit Drive-In Theater, Inc. v. Outdoor Theatre Caterers, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed, with costs. Memorandum: Defendant appeals from an order denying its motion for summary judgment. In 1963 the parties entered into a one-year lease relative to defendant’s operation of a "snackbar” concession at plaintiff’s drive-in theater. Paragraph 14 of the lease provided that neither party would be liable to the other for property damage resulting from negligence and that the insurance policies of both parties would be indorsed accordingly. Paragraph 6 of the lease required defendant to maintain and repair "all of Operator’s equipment which it uses” and…
2Cases cited8 opinions
- Stern v. . Equitable Trust Co.New York Court of Appeals · 1924
- Kennedy v. . City of New YorkNew York Court of Appeals · 1909
- City of New York v. Pennsylvania RailroadNew York Court of Appeals · 1975
- Falk v. GoodmanNew York Court of Appeals · 1959
- Stone v. GoodsonNew York Court of Appeals · 1960
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3Cited by8 opinions
- Del Giacco v. Noteworthy Co.Appellate Division of the Supreme Court of the State of New York · 1991
- United States v. Bedford AssociatesDistrict Court, S.D. New York · 1982
- Bahamonde v. GrabelAppellate Terms of the Supreme Court of New York · 2011
- Rossinski Realty Co. v. FarrellAppellate Division of the Supreme Court of the State of New York · 1987
- White Castle System, Inc. v. BlohmCourt of Appeals for the Second Circuit · 1986
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