In re Rostkach Realty Corp.

Petitioner moves under section 4 of the Commercial Rent Law (L. 1945, ch. 3, as amd.) for an order fixing the reasonable rental value, as of the date of the service of this petition, for the commercial space now occupied by respondents. By a cross motion respondents move to dismiss the petition on the ground that it is defective in that it does not comply with section 1 et seq. of the Commercial Rent Law.

It appears that on September 14, 1943, a written lease was entered into between the parties for a term of five years commencing on October 1, 1943, and ending September 30, 1948. Under the…