ROUTE 6 OUTPARCELS, LLC V. RUBY TUESDAY, INC.
931 N.Y.S.2d 436 (N.Y. App. Div. 2011)
NATURE OF THE CASE: Ruby (D) appealed from a partial summary judgment for Route (P) in
P's suit for breach of contract.
FACTS: D agreed to construct and open a restaurant on P's real property. D agreed to pay
an annual fixed rent in addition to a percentage of the restaurant's gross sales. D has
consistently paid the fixed rent on the property, but it did not construct the restaurant. P
sued for breach of contract. P moved for partial summary judgment and it was granted. D
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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