In re Bryant Park Building, Inc.

Motions Nos. 1234 and 1282 are considered together. This proceeding was instituted by the petitioner landlord against the respondents .(tenants), under section 13 of chapter 314 of the Laws 1945, as amended, for an order fixing the emergency rent, upon the expiration of a lease between the petitioner and the respondents, wherein the rent stipulated is allegedly in a graduated scale.

The respondents by separate motion (No. 1282) move for affirmative relief for judgment on the pleadings dismissing the petition pursuant to subdivisions 2 and 5 of rule 106 of the Buies of Civil Practice that the…