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WINROCK INN v. PRUDENTIAL INS. CO.

No. 16325.

928 P.2d 947 (1996)

122 N.M. 562

WINROCK INN COMPANY, a New Mexico Limited Partnership, Plaintiff-Appellee/Cross-Appellant, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation; and Terranomics Retail Services, a New Mexico corporation, Defendants-Appellants/Cross-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied November 25, 1996.

Attorney(s) appearing for the Case

Catherine F. Davis, Julie J. Vargas, Hunt, Reecer & Davis, P.C., Albuquerque, for Appellee/Cross-Appellant.

Norman S. Thayer, Michael J. Cadigan, Andrew J. Simons, Sutin, Thayer & Browne, P.C., Albuquerque, for Appellants/Cross-Appellees.

OPINION

PICKARD, Judge.

1. We take the opportunity presented by this case to examine New Mexico law regarding implied easements and forfeiture of leasehold interests. Defendant-Appellants/Cross-Appellees, The Prudential Insurance Company and its agent and property manager, Terranomics Retail Services (collectively "Prudential"), own the Winrock Mall (the Mall) in Albuquerque. Plaintiff-Appellee/Cross-Appellant, the Winrock Inn (Winrock), is a tenant...

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