Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff, as tenant, and the defendant, as landlord, are successors in interest to a long-term commercial lease for the rental of premises constructed for supermarket use, located in a shopping center in West Nyack, New York. The lease calls for a percentage rent of 1% of the gross sales of the supermarket, unless 1% of the gross sales are less than $48,000 per annum, in which case the base...
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