In re 30 Wythe Avenue Realty Corp.

It appears from the papers herein that a proceeding brought by petitioner landlord for the fixation of rent for commercial property occupied by the respondent tenant Ferro-Co Corp. (L. 1945, ch. 3, § 4, as amd.) has been referred to an official referee to take proof.

This is a motion by petitioner to strike out the answer interposed by the tenant on the ground that tenant has forfeited its right to be heard in the proceeding because of its failure to pay the “emergency rent” for May, 1945 (see amendment to ch. 3, § 4, as made by L. 1945, ch. 315, eff. March 28, 1945); or, in the alternative,…