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)
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 brought a complaint asking for the lease to be declared invalid or rescinded, as the operation of a movie theatre falls outside the scope of powers conferred to Marine Repair under its incorporating document.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
Holding and Reasoning (Anfuso, J.)