Hempstead Theatre Corp. v. Metropolitan Playhouses, Inc.

New York Court of Appeals

Hempstead Theatre Corp. v. Metropolitan Playhouses, Inc.

124 N.E.2d 332, 308 N.Y. 712, 1954 N.Y. LEXIS 1810

CourtNew York Court of Appeals

DecidedDecember 31, 1954

StatusPublished

Cited by5 cases

This text of 124 N.E.2d 332 (Hempstead Theatre Corp. v. Metropolitan Playhouses, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hempstead Theatre Corp. v. Metropolitan Playhouses, Inc., 124 N.E.2d 332, 308 N.Y. 712, 1954 N.Y. LEXIS 1810 (N.Y. 1954).

Pincite

Opinions

Per Curiam.

We agree with the courts below that the cause of action under attack should not be dismissed for legal insufficiency. It is impossible to say what facts may be developed under the allegations of this cause of action at the trial. It may not be said, as a matter of law, that the term ‘‘ gross receipts ’ ’, as used in the percentage lease before us, excludes the entire amount of $2,000,000 recovered by the tenant in settlement of the Federal antitrust suit. In short, questions of fact are presented which must be determined upon a trial.

The order should be affirmed, with costs, the first question certified answered in the affirmative, and the second question certified answered in the negative.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

We agree with the courts below that the cause of action under attack should not be dismissed for legal insufficiency. It is impossible to say what facts may be developed under the allegations of this cause of action at the trial. It may not be said, as a matter of law, that the term ‘‘ gross receipts ’ ’, as used in the percentage lease before us, excludes the entire amount of $2,000,000 recovered by the tenant in settlement of the Federal antitrust suit. In short, questions of fact are presented which must be determined upon a trial.

The order should be affirmed, with costs, the first question certified answered in the affirmative, and the second question certified answered in the negative.

Cite This Page — Counsel Stack

Bluebook (online)

124 N.E.2d 332, 308 N.Y. 712, 1954 N.Y. LEXIS 1810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hempstead-theatre-corp-v-metropolitan-playhouses-inc-ny-1954.

Opinions

Related

Cite This Page — Counsel Stack