Bakst v. Diaz

I am of the opinion that as a matter of law the final order below was erroneously granted.

There is no dispute as to the facts. The sole question is one of law, namely, whether a written agreement of lease executed by the landlord and the tenant in accordance with the provisions of the Business Rent Law (L. 1945, ch. 314, as amd.) and containing a provision fixing a graduated rental is valid and enforcible.

*141The court below labored under the mistake that the fixation of a graduated rental contravened the statute and so was void and ineffective. The court below also decided that inasmuch as the…