435 E. BROADWAY REALTY v. SUN GLEN FARMS


204 Misc. 462 (1953)

435 East Broadway Realty Inc., Landlord, Respondent, v. Sun Glen Farms, Tenant, Appellant. 435 East Broadway Realty, Inc., Landlord, Respondent, v. Merit Farms, Inc., Tenant, Appellant.

Supreme Court, Appellate Term, Second Department.

May 28, 1953.


Attorney(s) appearing for the Case

Paul J. Madden and George M. Burgh for Sun Glen Farms, appellant.

Paul J. Madden and David J. Maxwell for Merit Farms, Inc., appellant.

Julius Roth for respondent.

WALSH, MURPHY & UGHETTA, JJ., concur.


Per Curiam.

Concededly the emergency rent for each of the stores occupied by the tenants is less than $3,000 per annum. In such case, the landlord may not avail itself of the provisions of the second portion of subdivision (k) of section 8 of Business Rent Law (as amd. by L. 1953, ch. 452), which permit the assembly of stores on a nonmatching basis. We pass upon no other question.

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