Opinion
June 13, 1950.
Present — Peck, P.J., Cohn, Callahan, Van Voorhis and Shientag, JJ.; Cohn, J., dissents and votes to affirm. No opinion.
Order modified so as to provide that the determination of the rent shall be fixed as of the time the application was made to the Supreme Court (see Matter of Barry Equity Corp. [ Marcia Hat Co.], 276 App. Div. 685).