TRANSIT DRIVE-IN THEATER, INC. v. OUTDOOR THEATRE CATERERS, INC.


53 A.D.2d 1009 (1976)

Transit Drive-In Theater, Inc., Respondent, v. Outdoor Theatre Caterers, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 2, 1976


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...

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