Legal Opinion

Kel Kim Corp. v. Central Markets, Inc.

New York Court of Appeals

Decided December 21, 1987PublishedCited by 179 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In early 1980, plaintiff Kel Kim Corporation leased a vacant supermarket in Clifton Park, New York, from defendants. The lease was for an initial term of 10 years with two 5-year renewal options. The understanding of both parties was that plaintiff would use the property as a roller skating rink open to the general public, although the lease did not limit use of the premises to a roller rink.

The lease required Kel Kim to "procure and maintain in full force and effect a public liability insurance…

2Cases cited2 opinions

407 East 61st Garage, Inc. v. Savoy Fifth Avenue Corp.New York Court of Appeals · 1968
Ogdensburg Urban Renewal Agency v. MoroneyAppellate Division of the Supreme Court of the State of New York · 1973

3Cited by179 opinions

Richbell Information Services, Inc. v. Jupiter Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 2003
Hoosier Energy Rural Electric Cooperative, Inc. v. John Hancock Life InsuranceCourt of Appeals for the Seventh Circuit · 2009
Inchaustegui v. 666 5th Avenue Ltd. PartnershipNew York Court of Appeals · 2001
JN Contemporary Art LLC v. Phillips Auctioneers LLCCourt of Appeals for the Second Circuit · 2022
URI Cogeneration Partners, L.P. v. Board of Governors for Higher EducationDistrict Court, D. Rhode Island · 1996

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