KEL KIM CORP. v. CENT. MKTS., INC.


70 N.Y.2d 900 (1987)

Kel Kim Corporation et al., Appellants, v. Central Markets, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided December 21, 1987.


Attorney(s) appearing for the Case

Paul Pelagalli and Richard C. Miller, Jr., for appellants.

John P. Miller for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


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...

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