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HOTEL TEN PARK AVE. v. TEPPER

3 Misc.2d 751 (1955)

Hotel Ten Park Avenue, Inc., Landlord, Appellant, v. Robert Tepper, Tenant, Respondent.

Supreme Court, Appellate Term, First Department.

November 3, 1955.

Attorney(s) appearing for the Case

Sigmund Moses and Hyman W. Sobell for appellant.

Morris J. Fellner and Theodore Daniels for respondent.

EDER, SCHREIBER and HECHT, JJ., concur.

Per Curiam.

The lease under which tenant went into possession provided for the payment of a variable rent based upon the volume of the tenant's business and, in addition, for the payment of a fixed, basic or minimum rent, and was subject to all of the provisions of the Business Rent Law (L. 1945, ch. 314, as amd.). The fact that the lease provided that the annual rent for the first three years of the term was $5,000...

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