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754 FIFTH AVE. ASSOCS. v. NEIMAN MARCUS GROUP, INC.

230 A.D.2d 666 (1996)

646 N.Y.S.2d 990

754 Fifth Avenue Associates, L. P., Appellant, v. Neiman Marcus Group, Inc., Respondent

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

August 22, 1996

Plaintiff is the landlord of premises located at 754 Fifth Avenue, the site of the Bergdorf Goodman department store. The premises are leased to defendant, the parent corporation of Bergdorf Goodman and the Neiman Marcus department stores. According to the lease, the annual rent for the premises, above and beyond a fixed amount, is based in part on a percentage of "Gross Sales," which, as defined in the lease, include sales from...

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