Brener v. Palmer

Joseph J. Conroy, Spec. Ref.

Upon consent in open court, this case was referred to me to hear and determine all the issues herein.

The proceeding was instituted by the landlord petitioner pursuant to Emergency Business Space Rent Control Law (§2, subd. [a]; L. 1945, ch. 314 as amd. by L. 1952, ch. 417) in connection with the landlord’s application to fix a business rental for the residential part of the premises occupied by the respondent tenant.

The parties conceded these facts: premises is a three-story building; .the first floor and cellar occupied as a store; the second floor by an office;…