MATTER OF BARRY EQUITY CORP. (MARCIA HAT CO.)


276 A.D. 685 (1950)

In the Matter of Barry Equity Corp., Petitioner, Appellant-Respondent [Landlord]. Marcia Hat Co., Inc., Respondent-Appellant [Tenant]

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

April 25, 1950.


Attorney(s) appearing for the Case

Emanuel Silverman of counsel (Isidore Weckstein and Emanuel Silverman on the brief; Weckstein & Weckstein, attorneys), for respondent-appellant.

Stanley Bogart of counsel (Murray I. Sommer with him on the brief; Bogart & Lonergan, attorneys), for appellant-respondent.

PECK, P. J., and SHIENTAG, J., concur with VAN VOORHIS, J., in result in an opinion; DORE, J., concurs except as to setting effective date of rental increase at time of application to Supreme Court, as to which he dissents and votes, in an opinion in which COHN, J., concurs, to construe the statute as amended by chapter 534 of the Laws of 1949, so as to make the increase effective as of the date of the decision.


VAN VOORHIS, J.

These are cross appeals by landlord and tenant from an order made under section 4 of the Commercial Rent Law (L. 1945, ch. 3, as amd.) directing the payment of a reasonable rent in excess of the emergency rent. Only one tenant of the building at 715-727 Broadway, in the borough of Manhattan, city of New York, is a party to this proceeding. This tenant occupies loft space upon the eighth floor....

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