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MATTER OF REST RIGHT SLIPPER CO., INC.

276 A.D. 837 (1949)

In the Matter of Rest Right Slipper Co., Inc., Respondent. Rebecca Barocas et al., Doing Business as Vicmor Realty Company, Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1949.

Per Curiam.

The tenant's petition and motion to fix the emergency rent were both made pursuant to section 4 of chapter 3 of the Laws of 1945, as amended, which provide for a proceeding to fix a rent "exceeding the amount of the emergency rent". The petition states that the emergency rent is $316.67 a month and that the reasonable rent under section 4 is the same amount. As a proceeding originally initiated under section 4 is by the terms

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