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CURRY ROAD LTD. v. K MART CORP.

No. 364, Docket 89-7593.

893 F.2d 509 (1990)

CURRY ROAD LTD., Plaintiff-Appellee, v. K MART CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 8, 1990.

Attorney(s) appearing for the Case

Robert H. Iseman, Albany, N.Y. (Michael J. McNeil, DeGraff, Foy, Conway, Holt-Harris & Mealey, Albany, N.Y., of counsel), for appellant.

Thomas F. Gleason, Albany, N.Y. (Mark T. Walsh, Gleason, Dunn, Walsh & O'Shea, Albany, N.Y., of counsel), for appellee.

Before FEINBERG and MESKILL, Circuit Judges, and COFFRIN, District Judge.

MESKILL, Circuit Judge:

This appeal requires us to determine whether the district court erred in ordering summary judgment after concluding that certain lease provisions concerning subleasing and termination were unambiguous. Defendant K mart Corporation (K mart) appeals from a judgment entered in the United States District Court for the Northern District of New York, Cholakis, J. The matter was originally filed by plaintiff...

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