Pathmark Stores, Inc. v. 3821 Associates, L.P.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ―Allowing defendants to escape the terms of the contract because Pathmark might exercise the option in an unreasonably remote way defies the contract‘s terms, logic, common sense, public policy and principles of equity.‖
• “Commercial transactions . . . have absolutely no tie to either lives in being or twenty-one years.”
• Court may exercise discretion to deny summary judgment “if it seems desirable to inquire more thoroughly into the facts in order to clarify the application of law to the circumstances.”
• ―when two commercial entities explicitly create an option for a particular time period, the entities are obviously focusing on the reasonable time period necessary for the commercial development of the property.‖
• “[S]ummary judgment may not be granted when the record indicates a material fact is in dispute or if it seems desirable to inquire more thoroughly into the facts in order to clarify the application of law to the circumstances.”
• “[S]ummary judgment may not be granted when the record indicates a material fact is in dispute or if it seems desirable to inquire more thoroughly into the facts in order to clarify the application of law to the circumstances.”

Source: CourtListener parenthetical corpus (CC0).