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ANCHOR WIRE CORP. v. BORST

277 A.D. 728 (1951)

Anchor Wire Corporation, Respondent, v. Victor D. Borst, Jr., et al., Appellants

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

February 27, 1951.

Attorney(s) appearing for the Case

Irving J. Roth of counsel (Roth & Roth, attorneys), for appellants.

Robert A. Siebert of counsel (William J. Rapp, attorney), for respondent.

PECK, P. J., GLENNON, VAN VOORHIS and HEFFERNAN, JJ., concur.

SHIENTAG, J.

Plaintiff, a sublessee, previously sued Bobwhite Long Island Inc., its lessor, to recover excessive rent charges. Under the emergency rent law, the applicable rent was the rent charged in March, 1943, in this case $2,700, plus 15%. When plaintiff occupied the premises in 1945, it was charged a rental of $8,600.

For the purposes of this motion, the allegations of the complaint must be taken...

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