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  5. 16 A.D.2d 843 (1962)
 

MATTER OF DONALDSON v. SELECT THEATRE CORP.

16 A.D.2d 843 (1962)

In the Matter of the Claim of Henry Donaldson, Respondent, v. Select Theatre Corporation et al., Appellants, and Employers Liability Assurance Corporation, Respondent. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 4, 1962

Appellant, Select Theatre Corporation, owned the Broadway Theatre in New York City. By written instrument it leased the premises to one Lesser for the production therein of a theatrical performance known as "Ballet de Paris". The term demised commenced on April 7, 1958; the rent reserved was based on a percentage of the box-office receipts. On April 1, 1958 and before the show had opened claimant, a stagehand, was injured in the theatre when struck by a falling crate containing...

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