Roseben Knitting Mills, Inc. v. Great Atlantic & Pacific Tea Co.

Motion by respondent to dismiss the petition herein, which is an application pursuant to section 13 of the Business Bent Law (L. 1945, ch. 314, as amd. by L. 1950, ch. 326) to have this court fix the rental value of certain store premises.

Petitioner rented its premises to respondent, entering into a three-year written lease, dated February 28, 1943. The lease provided for graduated rent. It also gave to respondent the option of renewal for two successive three-year periods. Bespondent availed itself of those options, the last renewal expiring April 30, 1950. The parties did not renew the…