Opinion
June 20, 1949.
Present — Nolan, P.J., Carswell, Johnston, Wenzel and MacCrate, JJ. [See post, p. 1002.]
In a proceeding pursuant to the emergency Business Rent Law (L. 1945, ch. 314), the landlords appeal from an order denying their application for an order determining and fixing a reasonable rent for business space occupied by respondent, and granting respondent's cross motion to dismiss the petition as to him. On May 1, 1945, appellants and respondent entered into an agreement in writing by which the rent of the space occupied by respondent was fixed during the balance of the term of an existing lease, and for any statutory extension of the period of respondent's occupancy thereunder, in an amount which was greater than the emergency rent of such space, as defined by the emergency Business Rent Law. Appellants' application for an order fixing reasonable rent was denied on the theory that such an application was barred by the clear and unambiguous language of the agreement, and respondent's cross motion to dismiss the petition was granted. Order unanimously affirmed, with $10 costs and disbursements. No opinion.