Civil Procedure · MBE-tested

In the Matter of Georg Jensen, Inc., Appellant. Hammer Galleries, Inc., Respondent

277 A.D.2d 977·New York Supreme Court, Appellate Division·1950·NY

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Opinion

In the Matter of Georg Jensen, Inc., Appellant. Hammer Galleries, Inc., Respondent. [MAJORITY] Order affirmed, with $20 costs and disbursements to the respondent, without prejudice to the commencement of a new proceeding under section 13 of the emergency rent laws (Business Rent Law, L. 1945, ch. 314, as amd.; see, also, Commercial Rent Law, L. 1945, eh. 3, as amd. [section renum. 14 by L. 1945, ch. 315, § 4]), or if petitioner be so advised, an application to Special Term for leave to amend its petition by setting forth a claim for relief under said section. If the latter course is pursued, any right to retroactive relief may be limited by Special Term in -its discretion to March 31, 1950, or any date thereafter. Present — Peck, P. J., Glennon, Cohn, Callahan and Shientag, JJ., Peck, P. J., concurs on the authority of Cortlandt Cafeteria v. Cortlandt & Dey St. Corp. (277 App. Div. 299). [See post, p. 1104.]