Order unanimously affirmed, with costs.
In a prior proceeding between the parties, the Appellate Term determined that the emergency rent of the store premises here involved was $109.25, and this court denied the tenant's application to appeal therefrom. Thereafter, by chapters 451 and 452 of the Laws of 1953, an increase of 15% was provided where the tenant was then paying the emergency rent. The issue herein is whether the landlord is entitled to such increase. The...
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