Opinion
April 5, 1945.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, DI PIRRO, J.
Milton Leonard for appellant.
Jacob R. Heller for respondent.
MEMORANDUM
The uncontradicted evidence established that the tenant was in the wholesale and not retail business. The occupancy, therefore, is within the provisions of the Commercial Rent Law (L. 1944, ch. 3).
The final order should be reversed, with $30 costs, and final order directed in favor of the tenant.
SHIENTAG, McLAUGHLIN and HECHT, JJ., concur.
Order reversed, etc.