MATTER OF BROADAN CO., INC.


279 A.D. 1071 (1952)

In the Matter of Broadan Co., Inc., Respondent. Louis W. Yohann, Appellant

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

May 27, 1952.


Order unanimously modified to fix the emergency rent at $6,670 per year and, as so modified, affirmed, with $20 costs and disbursements to appellant.

Considering all the facts and circumstances in this case and assuming that the premises occupied by Sun Cosmetic Shop was the most nearly comparable space in the same building, we think that the tenant's emergency rent should not have been fixed in excess of $10 per foot over all, or a rent of $6,670 per year, when due...

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