Manuel Realty Corp. v. Blank

The court’s attention has not been attracted to any case which is determinative of the question involved herein, nor has the court been able to find any precedent after an exhaustive research.

In Joanette Juniors v. Princeway Realty Corp. (272 App. Div. 420) and in Arlow v. Imperial Crown Toy Corp. (194 Misc. 541 [App. Term, 2d Dept., March, 1949, Term]) it was held that where a tenant occupied space which was a part of a larger single unit which was occupied on the freeze date, said lesser space is considered occupied as of the freeze date and the parties could not fix the emergency rent on a…