214 West 39th Street Corp. v. Miss France Coats, Inc.

The statute in question, passed for the stabilization of commercial rents (L. 1945, ch. 3, as amd.), defines “ commercial space ” as space “ used or occupied ” for commercial purposes (L. 1947, ch. 822, § 2, subd. [a]). The definition of “ commercial purposes ” (§ 2, subd. [b]) refers to the manufacture and resale, the processing and displaying of personal property, etc., but does not include subletting of space not actually occupied by the tenant. “ Rent ” is defined as the consideration charged for the “ use or occupancy ” of commercial space. After termination of the main tenant’s lease,…