Consolidated Mercantile Industries, Inc. v. Hirsch

The plaintiff sues successive owners of a building in which he occupied and still occupies as tenant a loft for commercial purposes, to recover rent already paid in excess of the claimed emergency rent and for equitable relief in the form of a modification of the lease so as to reduce the rental thereunder to the claimed emergency rent. The defendants have pleaded four defenses which the plaintiff moves.to strike out for insufficiency.

The first and second defenses rely on a rent arbitration award confirmed by order of this court and on the three months’ limitation prescribed by section 1463…