86 Near Second Avenue Corp. v. Fennekohl

In this action for rent, wherein summary judgment is sought by both plaintiff and defendant by motion and cross motion, respectively, the plaintiff-landlord seeks to recover from the defendant-tenant the sum of $287.50 as the “ emergency rent ” of store premises for the month of October, 1945. The plaintiff bases its demand for this “ emergency rent ” upon the provisions of a lease originally executed in August, 1940, between the then landlord, plaintiff’s predecessor in title, E. Ornstein, Inc., and the tenant herein. This leáse was for a five-year term commencing October 1, 1940, and…