MATTER OF J. A. KENNEDY REALTY CORP.


277 A.D. 790 (1950)

In the Matter of J. A. Kennedy Realty Corporation, Respondent. C. Ludwig Baumann & Company, Appellant

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

May 22, 1950.


As thus modified, the order is unanimously affirmed, without costs. Findings numbered 11, 12, and 13 and both conclusions of law are reversed. Findings numbered 1 to 9, inclusive, are affirmed.

Under section 14 of the act, the lease is a variable lease with provision for a fixed minimum rent. The landlord is limited to an increase of 15% of the amount of the fixed minimum, the percentage of gross business to continue. (

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