BROADWORTH REALTY ASSOCS. v. CHOCK 336 B'WAY OPERATING, INC.


168 A.D.2d 299 (1990)

Broadworth Realty Associates, Appellant, v. Chock 336 B'Way Operating, Inc., Respondent Broadworth Realty Associates, Appellant, v. Chock 336 B'Way Operating, Inc., Respondent, et al., Defendants and Cross-Claimants

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

December 13, 1990


Plaintiff's predecessor leased premises located at 336-344 Broadway to defendant pursuant to a lease dated July 29, 1983, which granted plaintiff an option to cancel on 120 days' notice in exchange for a cancellation fee, calculated as the sum of (A) the lesser of $1,000,000 or defendant's net profits for the 24-month period ending one month prior to the cancellation date plus (B) the unamortized cost of improvements made by defendant (Additional Cancellation Amount).

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