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MATTER OF JOVANA SPAGHETTI HOUSE, INC. v. HERITAGE CO. OF MASSENA

189 A.D.2d 1041 (1993)

In the Matter of Jovana Spaghetti House, Inc., Doing Business as The Orchard Restaurant, Appellant, v. Heritage Company of Massena et al., Respondents

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

January 28, 1993

Mercure, J.

In April 1990, petitioner, as lessee, and respondent Heritage Company of Massena (hereinafter respondent), as lessor, entered into a written agreement for the lease of retail premises to be operated as a restaurant in respondent's shopping center. Under the terms of the lease, petitioner was to pay annual rent of $60,000, payable in monthly installments of $5,000, and additional rent, including a percentage rent equal to 6% of petitioner's...

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