Legal Opinion
Rowe v. Great Atlantic & Pacific Tea Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 1978PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Rabin, J.
This is a special proceeding pursuant to section 701 of the Real Property Actions and Proceedings Law to recover possession of certain commercial premises and for rent due and unpaid. The novel issue presented on this appeal is whether, in the absence of a contrary provision, a lease which requires payment in the form of a fixed base rent plus a percentage of the lessee’s gross sales, may be assigned by the lessee without the lessor’s consent.
In 1964 petitioner-appellant, Robert L. Rowe, entered into an agreement with The Great Atlantic & Pacific Tea Company (A &…
2Cases cited15 opinions
- Hume v. United StatesSupreme Court of the United States · 1889
- Percoff v. SolomonSupreme Court of Alabama · 1953
- Paige v. . FaureNew York Court of Appeals · 1920
- Selber Bros. v. Newstadt's Shoe StoresSupreme Court of Louisiana · 1943
- Sinclair Refining Co. v. DavisCourt of Appeals of Georgia · 1933
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3Cited by2 opinions
- Haack v. Great Atlantic & Pacific Tea Co.Missouri Court of Appeals · 1980
- Newman v. Hinky Dinky Omaha-Lincoln, Inc.Nebraska Court of Appeals · 1994