Health 'N Sports, Inc. v. 1020 WW Food Corp.

—In an action to recover damages for breach of contract, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Murphy, J.), entered October 12, 1990, which after a nonjury trial, is in favor of the defendant and against the plaintiff dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiff Health 'N Sports, Inc., commenced this action against the defendant 1020 WW Food Corp., known as "Wolfie’s” restaurant, to recover an alleged underpayment of rent *535pursuant to a sublease, which required the defendant to pay the plaintiff a percentage of…