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HEMPSTEAD THEATRE v. MET. PLAYHOUSES

16 Misc.2d 781 (1958)

Hempstead Theatre Corporation et al., Plaintiffs, v. Metropolitan Playhouses, Inc. et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

Supplemental opinion February 28, 1958.

Attorney(s) appearing for the Case

Bernard Bernstein and Milton Pollack for plaintiffs.

Weisman, Celler, Allan, Spett & Sheinberg (Lester Samuels of counsel), for defendants.

SAMUEL C. COLEMAN, J.

Two clauses of the agreements, it seems to me, dispose of the controversy between the litigants. The first is contained in the consolidation agreement of March 21, 1947, subdivision V of article First, and the second, in clause Fourteenth in each of the separate leases of the same date. The provision in the consolidation agreement defines "Gross...

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