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

7 A.D.2d 625 (1958)

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.

November 5, 1958

Judgment affirmed, with costs to the respondents.

VALENTE, J. (dissenting).

I dissent and would reverse the judgment and grant a new trial. Where I part company with the majority and the Trial Justice is in the determination of the quantum of the damages. For even if the candy stands are to be regarded as self-operated by Skouras, I believe that in the computation of the additional percentage rent on such candy sales the leases clearly call for...

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