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BAKST v. DIAZ

200 Misc. 140 (1951)

Ruth Bakst, Landlord, Appellant, v. Gumersindo Diaz, Tenant, Respondent.

Supreme Court, Appellate Term, First Department.

April 12, 1951.

Attorney(s) appearing for the Case

Eli B. Levy for appellant.

A. Alexander Katz for respondent.

EDER and SCHREIBER, JJ., concur.

HAMMER, J.

I am of the opinion that as a matter of law the final order below was erroneously granted.

There is no dispute as to the facts. The sole question is one of law, namely, whether a written agreement of lease executed by the landlord and the tenant in accordance with the provisions of the Business Rent Law (L. 1945, ch. 314, as amd.) and containing a provision fixing a graduated rental is valid and enforcible.

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