
    435 East Broadway Realty Inc., Landlord, Respondent, v. Sun Glen Farms, Tenant, Appellant. 435 East Broadway Realty, Inc., Landlord, Respondent, v. Merit Farms, Inc., Tenant, Appellant.
    Supreme Court, Appellate Term, Second Department,
    May 28, 1953.
    
      
      Paul J. Madden and George M. Burgh for Sun Glen Farm's, appellant.
    
      Paul J. Madden and David J. Maxwell for Merit Farms, Inc., appellant.
    
      Julius Both for respondent.
   Per Curiam.

Concededly the emergency rent for each of the stores occupied by the tenants is less than $3,000 per annum. In such case, the landlord may not avail itself of the provisions of the second portion of subdivision (lc) of section 8 of Business Rent Law (as amd. by L. 1953, ch. 452), which permit the assembly of stores on a nonmatching basis. We pass upon no other question.

The final orders should be unanimously reversed upon the law, with $30 costs to tenant in each case, and petitions dismissed, with appropriate costs in the court below.

Walsh, Mtjephy & Ughetta, JJ., concur.

Final orders reversed, etc.  