Opinion
October 8, 1951.
In a proceeding to fix the fair rental value of commercial premises pursuant to chapter 3 of the Laws of 1945, as amended, the added tenant appeals from so much of an order as brought him into the proceeding without prejudice to the proceedings theretofore had, and which limited his liability for reasonable rent to the time he was brought in; and the tenant named in the petition appeals from an order which struck out an amended answer, with leave to serve a proposed amended answer upon payment into court of "emergency rent". Order bringing in the additional respondent, insofar as appealed from, affirmed, without costs. Said appellant may answer within ten days from the date of the order hereon. Order striking out amended answer modified on the law by eliminating therefrom the words "on condition, however, that said Respondent pay into Court the emergency rent of $57.50 per month aggregating $862.50 already due and continue to pay current emergency rent in the sum of $57.50 per month as it accrues"; and, as so modified, the order is affirmed, without costs. From the papers submitted on the motions, it cannot be held, as matter of law, that the emergency rent was $57.50, or that the premises were occupied on March 1, 1943. Carswell, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.