Flo-Ru-Na Inc. v. Zimmerman

The landlord presented no evidence to sustain its burden of proof under the Commercial Bent Law (L. 1945, ch. 3, as amd. by L. 1945, ch. 315) that “ the rent charged is not greater than the emergency rent for such commercial space.” (L. 1945, ch. 3, § 6, clause [a].)

The lease between the parties, with its stipulated rental, is not an agreement fixing an emergency rent within the meaning of the statute. Nor may it be taken as a waiver on the tenant’s part of any of the benefits conferred upon him by the statute (L. 1945, ch. 315, § 12).

The final order should be unanimously reversed upon the law, with $10 costs, and a new trial granted, with $10 costs to the tenant to abide the event.

Mac Crate, McCooey and Steinbrink, JJ., concur.

Order reversed, etc.