DOLLAR LAND v. WOOLWORTH CO.


48 A.D.2d 373 (1975)

Dollar Land Corporation, Ltd., Respondent, v. F. W. Woolworth Co., Appellant

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

June 24, 1975


Attorney(s) appearing for the Case

Kenneth W. Greenawalt of counsel (Davies, Hardy, Ives & Lawther, attorneys), for appellant.

Henry A. Panoff (Arthur J. Panoff with him on the brief), attorney for respondent.

KUPFERMAN, J. P., LUPIANO and YESAWICH, JJ., concur; MURPHY, J., votes to affirm on opinion of MANGAN, J., at Special Term.


TILZER, J.

Defendant is the lessee of a building located in a shopping center in Corpus Christi, Texas, which shopping center is owned by the plaintiff. Pursuant to article 5 of the lease between the parties the defendant was required to pay an annual minimum rent of $126,761 in equal monthly installments of $10,563.45. Article 5 also provided that such rent was payable unless it "shall be abated or diminished...

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