HART v. KINNEY DRUGS, INC.

506550.

67 A.D.3d 1154 (2009)

888 N.Y.S.2d 297

2009 NY Slip Op 08111

GUY W. HART et al., Appellants, v. KINNEY DRUGS, INC., Respondent.

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

Decided November 12, 2009.


Rose, J.

Between 1993 and 1999, the parties entered into leases covering 28 properties where defendant (hereinafter the tenant) operated drugstores. For each store, the tenant agreed to pay plaintiffs (hereinafter the landlords) a "fixed rent" as well as a "percentage rent" equal to a specified percentage of the store's gross receipts above a certain threshold. In 2002, following renegotiation of the amounts to be paid for eight of the stores, the parties executed...

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