D & R Realty Corp. v. Gluckman & Strauch, Inc.

It is not disputed that the rent payable by the tenant on the “ freeze ” date (March 1, 1943) was $178.75 per month; that commencing with the month of February, 1945, tenant paid 15% above the “ freeze ” date amount, or $205.57 per month. Conceded also, is the fact that in June of 1945, landlord commenced a proceeding under section 4 of the Commercial Rent Law (L. 1945, ch. 3) as a result of which, the Supreme Court fixed the reasonable rent at 27%% above the base rent of March 1,1943, or $227.91 per month. The last amount has been paid by tenant to the landlord since January, 1946.

This is a…