126 West 42d Street, Inc. v. Adder Footwear, Inc.

Plaintiff moves for judgment on the pleadings in this action for a declaratory judgment determining the rent payable by the defendant for the month of July, 1947, and thereafter.

The pertinent facts are these: In May, 1939, the plaintiff’s predecessor as landlord made a lease with the defendant for a term beginning May 1,1939, and ending June 30,1944. The rent payable thereunder was a minimum rent of $10,000 per annum plus additional rent of 8% of defendant’s annual gross sales in excess of $125,000. On May 31,1944, effective beginning July 1, 1944 (which was the day after the expiration of…