261 A.D. 1014 | N.Y. App. Div. | 1941
Appeal from a judgment of the Supreme Court, entered in the Warren county clerk’s office on June 21, 1940, after a trial by the court without a jury. On February 1, 1933, the Grand Union Stores, Inc., entered into two leases, one for premises No. 141 Glen Street, Glens Falls, N. Y., and the other for No. 139 Glen Street, Glens Falls, N. Y. The two premises thus leased joined and were operated by the lessee Grand Union as one store without segregation of monies received from sales. The lease for 139 Glen Street is the one here in question. The second paragraph thereof provides as follows: “ 2. The lessee shall pay the lessor rent therefor as follows, viz: February 1, 1933, to January 31, 1936, at the rate of $3,000 per year, payable in advance, in equal monthly installments during the term and thereafter at the rate of $3,500 per year, payable in equal monthly installments in advance, and also, in each year, one and one-eighth per cent of the gross sales of the lessee at both No. 141 and No. 139 Glen Street, viz: For the purpose of determining the gross sales, all sales at both of said locations shall be considered as made at No, 139 Glen Street, said