In re Myones

Petitioner instituted an action in the Municipal Court to recovér the sum of $1,000, as the alleged difference between the rent reserved in a written lease and the emergency rent. At the time said action was instituted the tenant was no longer in possession of said premises. As a result of an exami*281nation before trial in the the Municipal Court action the tenant became aware of the fact that the premises in question were not occupied for commercial purposes on March 1, 1943. He now petitions this court to fix the emergency rent, pursuant to the Emergency Commercial Rent Law (L. 1945, ch. 3, §…