Spear Box Co. v. Perlmutter

In a summary proceeding for nonpayment of rent under the emergency statute the landlord is required (L. 1945, ch. 3, § 6) to plead and prove that the rent charged is not greater than the emergency rent or such greater rent therefor as may have been fixed by section 4 of the act.

In this instance while the landlord pleaded that the rent charged is not greater than the emergency rent, and that allegation was admitted by the tenant’s failure to deny it, there was no proof of the allegation.

In a summary proceeding for nonpayment of rent a subtenant is entitled to pay the rent, and thus defeat the…