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WEISS v. MAYFLOWER DOUGHNUT CORP.

1 N.Y.2d 310 (1956)

Rudolph Weiss, Doing Business as Beverly Pharmacy, Appellant, v. Mayflower Doughnut Corp. et al., Respondents.

Court of Appeals of the State of New York.

Decided May 31, 1956.

Attorney(s) appearing for the Case

Frank A. Fritz, Joseph Feinstein, Arthur P. West and Cyril Crimmins for appellant.

Eugene Eisenmann and Norman Gross for Mayflower Doughnut Corp., respondent.

Arthur N. Field for Irving Maidman, respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.

BURKE, J.

The plaintiff has conducted a drugstore and luncheonette business on the ground floor of the Beverly Hotel, located at the northeast corner of Lexington Avenue and 50th Street in New York City since its erection in 1927. In December, 1951 plaintiff, as tenant, and Beverly Hotel, Inc., as landlord, entered into a percentage lease for a term of 10 years with an option in the plaintiff to renew for an additional...

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