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HEALTH `N SPORTS, INC. v. 1020 WW FOOD CORP.

191 A.D.2d 534 (1993)

595 N.Y.S.2d 328

Health `N Sports, Inc., Appellant, v. 1020 WW Food Corp., Doing Business as Wolfie's, Respondent

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

March 15, 1993

Ordered that the judgment is affirmed, with costs.

The plaintiff Health `N Sports, Inc., commenced this action against the defendant 1020 WW Food Corp., known as "Wolfie's" restaurant, to recover an alleged underpayment of rent pursuant to a sublease, which required the defendant to pay the plaintiff a percentage of its monthly sales in addition to the base rent amount. On appeal, the plaintiff contends that the trial court...

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