Clemilt Realty Co., Inc. v. Wood

Full title: CLEMILT REALTY CO., INC., Appellant, v . CHARLES F. WOOD, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 24, 1920

194 App. Div. 508 (N.Y. App. Div. 1920)

186 N.Y.S. 415

Opinion

December 24, 1920.

Emanuel S. Cahn, for the appellant.

Charles Hobby Bassford, for the respondent.

William D. Guthrie and Julius Henry Cohen, Special Deputy Attorneys-General, for the Attorney-General, and Elmer G. Sammis and Bernard Hershkopf for the Joint Legislative Committee on Housing, as amici curiæ.

LAUGHLIN, J.:

This lease was made after the enactment of chapter 136 of the Laws of 1920 and before the enactment of chapter 944, and the defense made is a defense authorized by said chapter 136. There is no material difference between the facts of this case and those presented in Levy Leasing Co., Inc., v. Siegel ( 194 App. Div. 482), argued and decided herewith, and the contentions with respect to the invalidity of the statute are substantially the same. The order should, therefore, be affirmed on the authority of our decision in the other case, with ten dollars costs and disbursements.

MERRELL and GREENBAUM, JJ., concur; CLARKE, P.J., and DOWLING, J., dissent.

Order affirmed, with ten dollars costs and disbursements.