Messinger v. Great Hudson Fur Co.

Plaintiff’s complaint has been dismissed on the ground that under the provisions of the Commercial Rent Law (L. 1945, ch. 3, amd. by L. 1945, ch.'315) he may not institute an action to evict defendant so long as the latter continues to pay vent to which the plaintiff is entitled. However, according to the allegations of the complaint, which for the purposes of this motion must be deemed true, the license granted to defendant by plaintiff to use plaintiff’s display windows was not only one terminable at will but one for which defendant apparently paid no rent. Defendant, it may fairly be…