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MATTER OF CARTER (DUNHILL OF LONDON, INC.)

196 Misc. 12 (1948)

In the Matter of Elliott C. Carter et al., Petitioners. Alfred Dunhill of London, Inc., Respondent.

Supreme Court, Special Term, New York County.

April 19, 1948.

Attorney(s) appearing for the Case

Glen N. W. McNaughton and Barbara Beverly Baisley for petitioners.

Jerome Eisner and Robert A. Dreyer for respondent.

SCHREIBER, J.

This is a motion to dismiss the first defense, the second defense and the counterclaim. The first defense is insufficient. There appears to be no statutory provision forbidding the fixation by the court of a rent exceeding the amount of the emergency rent under section 4 of the Business Rent Law (L. 1945, ch. 314, as amd.), unless the emergency rent itself has been fixed under section 2, by agreement...

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