Opinion
Argued May 24, 1951
Decided June 1, 1951
Appeal from the Supreme Court, Appellate Division, First Department, DI PIRRO, J.
Edwin M. Otterbourg, Frederic P. Houston and Richard A. Holman for appellant.
Robert Moers for Tocosa Corporation, amicus curiae, in support of appellant's position.
Julius B. Sheftel for respondent.
A public dance hall operated for profit is not a "Place of public assembly", as that term is defined in the Emergency Business Rent Control Law (L. 1945, ch. 314, § 2, as amd.; McKinney's Unconsol. Laws, § 8552). The order of the Appellate Division should be affirmed, with costs, and the question certified answered in the affirmative.
LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.
Order affirmed, etc.