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HEMPSTEAD THEATRE v. METRO. PLAYHOUSES

6 N.Y.2d 311 (1959)

Hempstead Theatre Corporation et al., Respondents, v. Metropolitan Playhouses, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Milton C. Weisman, Adolph Kaufman and Lester Samuels for appellants.

Milton Pollack, Bernard Bernstein, Stanley D. Halperin and Samuel N. Greenspoon for respondents.

Chief Judge CONWAY and Judges DYE and VAN VOORHIS concur with Judge FROESSEL; Judge FULD dissents in an opinion in which Judges DESMOND and BURKE concur.

FROESSEL, J.

This is an action for rent claimed to be due under written leases of four motion picture theatres. The leases provide for a fixed minimum rental and a graduated percentage rental on "gross receipts". The question presented is what the parties meant by their definition of "gross receipts" as related to the sale of candy and refreshments.

In 1948, the subtenant, Skouras Theatres Corporation...

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