HEMPSTEAD THEATRE CORP. v. METRO. PLAYHOUSES, INC.


283 A.D. 922 (1954)

Hempstead Theatre Corporation et al., Respondents, v. Metropolitan Playhouses, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 11, 1954.


Order appealed from modified so as to grant motion to dismiss seventh cause of action as to defendant Circuit Vendors, Inc., and as so modified affirmed.

PECK, P. J. (dissenting).

Plaintiffs, as landlords, have leased to defendant Metropolitan certain theatre premises upon terms calling for rent partially based upon "gross receipts" derived from the operation of the premises. The complaint alleges that defendant Skouras is the assignee of the...

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