82-10 Roosevelt Avenue, Inc. v. Sachs

I dissent in part from the determination arrived at by the majority. I vote to affirm the final-order dismissing the landlord’s petition on the merits. I agree that the judgment in favor of the tenants on their counterclaim should be reversed and a new trial ordered which should be limited entirely, however, to a consideration of the said counterclaim.

The purported reasonable rent agreement was a mere sham and a patent flagrant attempt to circumvent the emergency rent legislation. The law intends that a reasonable rent may be acceded to by a tenant with respect to his own occupancy. The…