Kellas Real Estate Corp. v. Gluckmann

The defendant Temporary State Housing Rent Commissibn moves to dismiss the complaint for legal insufficiency. The plaintiff in substance alleges that it rented a vacant apartment to Gluekmann prior to December 1, 1953, at a 15% increase over the registered rent, and that Gluekmann agreed to execute a two-year lease at the increased rent. It permitted the tenant to move into the apartment after collecting the first month’s rent at the increased rate. Thereafter the tenant refused to sign the lease although he paid the increased rent until September, 1954, when he made application to the…