Opinion
April 21, 1952.
Present — Nolan, P.J., Carswell, Adel, Wenzel and Schmidt, JJ.
In a proceeding under the Business Rent Law (L. 1945, ch. 314, as amd.) to fix emergency rent under section 4, it appears that on the freeze date the premises were used by the owner for a photographic business and store and that such use continued. On April 25, 1950, the owner sold the business to appellant and those parties entered into a lease for a stipulated sum for a period of years commencing May 1, 1950. Thereafter, the appellant took possession of the premises and operated the business. The Special Term held that the situation was the same as though the respondent had vacated the premises on May 1, 1950, and that the provisions of the rent control law do not apply, the respondent contending that the premises became decontrolled by virtue of the amendment (L. 1950, ch. 326) to section 12, which became effective March 31, 1950, and which reads as follows: "The provisions of this act also shall be inapplicable with respect to any business space now vacant or hereafter vacated by a tenant." Order unanimously affirmed, with $10 costs and disbursements. No opinion.