The 2nd Circuit on Tuesday delivered disappointing news to a kosher hot dog maker, finding that its agreement with the company that runs Citi Field, home of the New York Mets, did not give it the right to sell kosher products at the field on the Jewish Sabbath.
Kosher Sports Inc. had a 10-year contract with Queens Ballpark Co. to sell kosher hot dogs, sausages and other products through October 2018. In 2010, Kosher Sports sued the ballpark operator for preventing it from selling its wares on Friday nights and Saturdays and for blocking its attempt to get a fourth food cart at Citi Field.
But the 2nd Circuit found that “the agreement did not cover when or where KSI could sell its kosher food products.” It also rejected Kosher Sports’ request to reverse a lower court’s February 2012 decision that found Kosher Sports had failed to make required payments, and awarded Queens Ballpark Co. $55,000.
“While it explicitly set forth KSI’s ‘rights’ to advertising space, tickets, and freedom from competition, the contract does not address the right to sell at any particular time or place. Therefore, KSI had no right under the unambiguous terms of the agreement to sell its products at Citi Field on Fridays and Saturdays,” the 2nd Circuit wrote.
Read more at the Wall Street Journal.
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