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CORTLANDT CAFETERIA v. CORTLANDT & DEY STS. CORP.

302 N.Y. 409 (1951)

Cortlandt Cafeteria, Inc., et al., Respondents, v. Cortlandt and Dey Streets Corporation, Appellant. In the Matter of J. A. Kennedy Realty Corporation, Appellant. C. Ludwig Baumann & Company, Respondent.

Court of Appeals of the State of New York.

Decided April 13, 1951

Attorney(s) appearing for the Case

Elmer J. Hoare and Alex L. Caccia, Jr., for appellant in Cortlandt Cafeteria case.

Eugene J. Morris, Alfred J. Callahan and Eli Vigliano for Cortlandt Cafeteria, Inc., respondent in Cortland Cafeteria case.

Henry L. Schaefer and Abbie Goldstein for Chas. W. Wolf, Inc., respondent in Cortlandt Cafeteria case.

Patrick J. Mahoney and Thomas J. Foley for appellant in Kennedy Realty Corporation case.

Edward S. Greenbaum, Jerome Handler and Herbert Feiler for respondent in Kennedy Realty Corporation case.

Jay Leo Rothschild, amicus curiæ, in support of respondents' position.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.. concur.

Per Curiam.

The statutory rent to which a landlord is entitled, and to which a tenant is subject, under a lease providing for a variable rental is controlled by section 14 of the Commercial Rent Law (L. 1945, ch. 3, as amd.) and by its prototype, section 13, in the Business Rent Law (L. 1945, ch. 314, as amd.), and not by section 4. Upon the expiration of such a lease — which prescribes, in addition to the percentage...

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