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ERNIE OTTO CORPORATION v. INLAND SOUTHEAST THOMPSON MONTICELLO, LLC

28 A.D.3d 911 (2006)

814 N.Y.S.2d 756

ERNIE OTTO CORPORATION, Appellant, v. INLAND SOUTHEAST THOMPSON MONTICELLO, LLC, Defendant, and KIM HINE, Doing Business as KIM'S GIFTS, Respondent.

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

April 13, 2006.

Peters, J.

Kim's Mountain Gift Corporation (hereinafter Kim's)* has operated a gift store in the Monticello Mall in the Town of Monticello, Sullivan County, since 1993. In its original lease, Kim's was authorized to "sell[ ] fine gifts including porcelains, greeting cards and costume jewelry." In 1997, plaintiff, intending to open a greeting card store, entered into a lease agreement with the mall's landlord that contained a restrictive...

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