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

Kel Kim Corp. v. Central Markets, Inc.

Court of Appeals of New York
519 N.E.2d 295 (N.Y. 1987)


Facts

Kel Kim (plaintiff) leased a building from Central Markets (defendant) for a period of 10 years. Kel Kim was going to use the building as a skating rink and the lease required that Kel Kim buy a public liability insurance policy. Kel Kim bought a policy that was in effect for the first six years of the lease. However, thereafter, the insurance company did not renew the policy because of financial uncertainty with its reinsurer. When the policy ran out, Central Markets sent a notice of default to Kel Kim and ordered it to obtain replacement insurance or vacate the premises. Kel Kim tried to obtain a replacement insurance policy but was unable to do so. Kel Kim then brought this suit for a declaratory judgment, claiming that it should be excused from complying with the insurance provision in the lease due to either (1) impossibility or (2) a force majeure clause in the lease that excused performance for specific, unforeseen events related one of the parties’ ability to conduct day-to-day business. The trial court granted Central Markets’s motion for summary judgment, ordering Kel Kim to vacate the presmises. The appellate court affirmed. Kel Kim appealed.

Rule of Law

Issue

Holding and Reasoning (Memorandum)

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 251,000 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.