Logourl black
From our private database of 14,200+ case briefs...

711 Kings Highway Corp. v. F.I.M.‘s Marine Repair Serv., Inc.

Supreme Court of New York
273 N.Y.S.2d 299 (1966)


Facts

711 Kings Highway Corp. (711 Corp.) (plaintiff) leased property to F.I.M.’s Marine Repair Serv., Inc. (Marine Repair) (defendant) through a written lease agreement. The lease provides that the property is to be used as a movie theatre. Marine Repair’s certificate of incorporation provides that its purposes are restricted to marine activities such as marine repairs. 711 Corp. brought a complaint asking for the lease to be declared invalid or rescinded, as the operation of a movie theatre falls outside the scope of powers conferred to Marine Repair under its incorporating document. According to 711 Corp., the lease has not been performed, and remains merely executory. Marine Repair moves for dismissal of the complaint for failure to state a claim.

Rule of Law

Issue

Holding and Reasoning (Anfuso, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 239,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.