Manufacturers Trust Co. v. Arvin Chemists, Inc.

The plaintiff did not willfully demand for any month a rent in excess of the emergency rent. There was a fair question here concerning the true emergency rent. The Municipal Court held in the summary proceeding brought in that court that the legal rent for June, 19.44, was not that, which was stipulated in the lease between the parties covering the said month, but rather the amount which the landlord actually accepted from the tenant. If I were to approach this question de nova, I would not reach the same conclusion. I think that the true emergency rental is properly calculated on the basis…