In re Carter

This is a motion to dismiss the first defense, the second defense and the counterclaim. The first defense is insuffi*13cient. There appears to he no statutory provision forbidding the fixation by the court of a rent exceeding the amount of the emergency rent under section 4 of the Business Bent Law (L. 1945, eh, 314, as amd.), unless the emergency rent itself has been fixed under section 2, by agreement, arbitration, or this court. Bor does there appear to be any good reason for requiring the fixation of the emergency rent as a condition precedent to the fixation of a reasonable rent in excess…