White-Way Arcade, Inc. v. Broadway Turtle King, Inc.
Appellate Division of the Supreme Court of the State of New York
1DissentCallahan, J.
In my opinion the question of whether a tenancy is entitled to the protection of the emergency rent laws does not depend upon whether the particular tenant in fact had the power to bargain freely or that his rent was actually oppressive, but upon whether such tenancy comes within the definitive provisions of the law. Section 1 of the statute sets forth the basis for the legislative declaration of the existence of an emergency. The emergency having been found to exist, the Legislature provided that the statutory right of summary dispossess should not be available as against any tenant in…
2Cases cited1 opinion
- Messinger v. Great Hudson Fur Co.Appellate Division of the Supreme Court of the State of New York · 1945