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1481 BROADWAY CORP. v. MAIDEN LANE BALLROOM, INC.

302 N.Y. 850 (1951)

1481 Broadway Corp., Lessee, Landlord, Appellant, v. Maiden Lane Ballroom, Inc., Tenant, Respondent, and "John Doe", Undertenant.

Court of Appeals of the State of New York.

Decided June 1, 1951

Attorney(s) appearing for the Case

Edwin M. Otterbourg, Frederic P. Houston and Richard A. Holman for appellant.

Robert Moers for Tocosa Corporation, amicus curiæ, in support of appellant's position.

Julius B. Sheftel for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

Per Curiam.

A public dance hall operated for profit is not a "Place of public assembly", as that term is defined in the Emergency Business Rent Control Law (L. 1945, ch. 314, § 2, as amd.; McKinney's Unconsol. Laws, § 8552). The order of the Appellate Division should be affirmed, with costs, and the question certified answered in the affirmative.

Order...

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