Dick's Restaurant & Bar, Inc. v. Rosenwasser

This is a motion to dismiss the plaintiff’s complaint on the ground of insufficiency. The complaint alleges that the plaintiff and the defendant entered into a lease for the rental of certain business premises, and in order to show compliance with the Business Rent Law (L. 1945, ch. 314, as amd.) they fabricated an arbitration which, in fact, did not take place. It is further alleged that, since this was a device to defeat and circumvent the emergency rent control law, the alleged arbitration proceedings are null and void and the plaintiff is entitled to the relief asked.

*180The defendant…