In 1984, plaintiff executed a lease with defendant-appellant's predecessor-in-interest for space to open a fast-food restaurant in a building at Herald Square that was intended to operate as a vertical mall, housing more than 70 boutiques and eateries. Although plaintiff's lease initially called for an annual fixed minimum rent, the landlord agreed to accept a rent determined by a percentage of its gross sales in lieu of the fixed minimum rent. This deferment period was extended...
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