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MATTER OF BOMBAY REALTY CORPORATION v. MAGNA CARTA, INC.

293 A.D.2d 947 (2002)

741 N.Y.S.2d 318

In the Matter of BOMBAY REALTY CORPORATION, Respondent, v. MAGNA CARTA, INC., Respondent, and CELLULAR 2000 AND BEYOND, LLC, Appellant.

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

Decided April 25, 2002.

Mercure, J.P.

Respondent Cellular 2000 and Beyond, LLC (hereinafter respondent) is a retail vendor of cellular telephone and pager equipment and service plans. Its commercial lease with petitioner requires it to pay added rent computed as a percentage of its "gross sales."* The sole issue dividing the parties is whether added rent is to be based on the total value of Southwestern Bell cellular telephone service plans sold by respondent...

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