Legal Opinion

Flo-Ru-Na Inc. v. Zimmerman

Appellate Terms of the Supreme Court of New York

Decided October 18, 1945PublishedCited by 8 opinions

1Opinion of the Court

Memorandum Per Curiam,

The landlord presented no evidence to sustain its burden of proof under the Commercial Bent Law (L. 1945, ch. 3, as amd. by L. 1945, ch. 315) that “ the rent charged is not greater than the emergency rent for such commercial space.” (L. 1945, ch. 3, § 6, clause [a].)

The lease between the parties, with its stipulated rental, is not an agreement fixing an emergency rent within the meaning of the statute. Nor may it be taken as a waiver on the tenant’s part of any of the benefits conferred upon him by the statute (L. 1945, ch. 315, § 12).

The final order should be…

2Cited by8 opinions

  1. Moncel Realty Corp. v. Whitestone Farms, Inc.Appellate Terms of the Supreme Court of New York · 1947
  2. Empire Plexiglass Corp. v. Enterprise Industries, Inc.City of New York Municipal Court · 1947
  3. 82-12 37th Avenue Corp. v. MaffeiAppellate Terms of the Supreme Court of New York · 1947
  4. 91 E. B'Way Corp. v. Pippo Toy Co.City of New York Municipal Court · 1945
  5. Hardwood Sawdust Co. v. Metro Export Packers, Inc.Appellate Terms of the Supreme Court of New York · 1946

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