Tower Leasing Co. v. 11 West 42nd Street, Inc.

In WMCA, Inc., v. Blockfront Realty Corp. (272 App. Div. 800 [May, 1947]), this court held that the defendant therein, a tenant of an entire building subletting to undertenants all the rental space in the premises, was merely in constructive possession and not entitled to protection of the emergency rent *470laws. In Axelrod v. 11 West 42nd St. (274 App. Div. 651 [Feb., 1949], affd 299 N. Y. 765), this court distinguished the WMCA case (supra) and held that the tenant therein (this tenant) was not in constructive possession but occupied the entire area for office and business purposes, i.e., to…