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711 Kings Highway Corp. v. F.I.M’s Marine Repair Serv., Inc.
Citation:273 N.Y.S.2d 299
The complaint alleges that on April 20, 1965, the plaintiff, owner of premises known as 711-715 Kings Highway in the County of Kings, entered into a written lease agreement with defendant whereby plaintiff leased the aforesaid premises to defendant for a period of 15 years; that under the terms of the lease the demised premises were to be used as a motion picture theater; that the conduct and operation of a motion picture theater business for profit by the defendant are acts which fall completely outside the scope of the powers and authority conferred by the defendant’s corporate charter, thereby rendering invalid the lease agreement entered into by the parties. The complaint then prays for a declaratory judgment declaring the lease to be invalid or in the alternative rescission, and further that the defendant be enjoined from performing, or exercising any rights, under the lease.
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