MATTER OF 792 MADISON AVE., INC.


277 A.D. 975 (1950)

In the Matter of 792 Madison Avenue, Inc., Respondent. Carl Virag et al., Appellants

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

October 24, 1950.


Per Curiam.

While there is some confusion in the pleadings as to whether this proceeding to fix rent was prosecuted under subdivision 1 or subdivision 2 of section 4 of the Business Rent Law (L. 1945, ch. 314, § 4, as amd.), it was ultimately submitted under subdivision 1 and should be decided accordingly. The decision at Special Term, however, is more in line with the alternative method of subdivision 2, although no 15% limitation was placed upon the...

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