Legal Opinion

In re Barry Equity Corp.

Appellate Division of the Supreme Court of the State of New York

Decided April 25, 1950Published

1Opinion of the CourtVan Voorhis, J.

These are cross appeals by landlord and tenant from an order made under section 4 of the Commercial Bent Law (L. 1945, ch. 3, as amd.) directing the payment of a reasonable rent in excess of the emergency rent. Only one tenant of the building at 715-727 Broadway, in the borough of Manhattan, city of New York, is a party to this proceeding. This tenant occupies loft space upon the eighth floor.

This is an “ alternative proceeding ” instituted under a portion of section 4 of the Commercial Bent Law added by chapter *687534 of the Laws of 1949. Prior to this amendment, it was held that a landlord…

2Cases cited11 opinions

  1. Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
  2. Riggs v. . PalmerNew York Court of Appeals · 1889
  3. Curtis and Others v. . LeavittNew York Court of Appeals · 1857
  4. People v. Arlen Service Stations, Inc.New York Court of Appeals · 1940
  5. Matter of DowlingNew York Court of Appeals · 1916

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