CITY OF PLATTSBURGH v. BORNER


38 A.D.3d 1047 (2007)

831 N.Y.S.2d 579

CITY OF PLATTSBURGH, Respondent, v. DAN BORNER, Doing Business as RAINBOW CONCESSIONS, Appellant.

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

Decided March 8, 2007.


Peters, J.

As here relevant, defendant had licensing agreements to operate food and beverage concessions at plaintiff's City Beach recreation complex. In such agreements, plaintiff reserved its right to hold special events or festivals at such complex and, in connection therewith, to allow the special events promoter to sell food and beverages for the duration of the special event without prejudicing defendant's rights. After plaintiff granted Terrapin Presents, Inc...

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