Legal Opinion · Dissent

Viro Realty Corp. v. Belmont

Appellate Division of the Supreme Court of the State of New York

Decided May 24, 1949Published

1DissentDore, J.

The business emergency rent control law here applicable (L. 1945, ch. 314, as amd. by L. 1946, ch. 273, effective March 30, 1946) was passed to prevent exaction of unreasonable and oppressive agreements for payment of rent for business space under prevailing conditions that caused, as the act declares, a breakdown in the normal processes of bargaining and freedom of contracts. In enacting the statute, the Legislature obviously intended to protect prospective tenants out of possession as well as tenants in possession on that date. Indeed, tenants in possession were in far less need of…

2Cases cited5 opinions

  1. Beasley v. Texas & Pacific Railway Co.Supreme Court of the United States · 1903
  2. Moncel Realty Corp. v. Whitestone Farms, Inc.Appellate Terms of the Supreme Court of New York · 1947
  3. Warfield v. Bellanca Robe Corp.City of New York Municipal Court · 1946
  4. In Re the Arbitration Between Viro Realty Corp. & BelmontNew York Court of Appeals · 1948
  5. Whiting v. Tower's Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1948

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