In Metropolitan Concert Co. v. Sperry (9 N.Y. St. Repr. 342; affd., 120 N.Y. 620) chairs secured to the floor by screws in a theater, did not, as considered, fall under the terms "additions, alterations and improvements," which terms referred to certain structural enlargements, and herein the case is similar to that of French v. Mayor, etc. (supra).

In Metropolitan Concert Co. v. Sperry, 9 N.Y. St. Repr. 342 — a case relied on by the defendant — the lease of a theatre provides that any and all additions, alterations and improvements that shall or may theretofore have been made to the said premises, or any part thereof, shall be and remain a part thereof, and shall and will be surrendered and left therein at the expiration or sooner determination of the term granted, without any claim for compensation on account thereof on the part of the tenant.