ROWE v. A & P TEA CO.


61 A.D.2d 473 (1978)

Robert L. Rowe, Appellant, v. Great Atlantic & Pacific Tea Company Inc., et al., Respondents

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

March 6, 1978


Attorney(s) appearing for the Case

Abraham D. Sofaer for appellant.

Gordon C. Sammis for Great Atlantic & Pacific Tea Company, Inc., respondent.

St. John & Dougherty (Thomas P. Dougherty of counsel), for Southland Corp., respondent.

SUOZZI, J. P., SHAPIRO and O'CONNOR, JJ., concur.


RABIN, J.

This is a special proceeding pursuant to section 701 of the Real Property Actions and Proceedings Law to recover possession of certain commercial premises and for rent due and unpaid. The novel issue presented on this appeal is whether, in the absence of a contrary provision, a lease which requires payment in the form of a fixed base rent plus a percentage of the lessee's gross sales, may be assigned...

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