
    Fannie Jacobs, Landlord, Appellant, v. Moses Stoll, Tenant, Respondent.
    Supreme Court, Appellate Term, First Department,
    December 5, 1946.
    
      J. Leon Israel for appellant.
    
      Saul Gordon for respondent.
   Per Curiam.

We hold that the emergency rent control statute, and more pertinently the parts attacked by tenant-respondent, to be constitutional and that such attacked parts do not violate the Fourteenth Amendment of the Constitution of the United States or sections 6 and 11, or either section, of article I of the Constitution of the State of New York (Twentieth Century Associates v. Waldman, 294 N. Y. 571; see, also, Gilpin v. Mutual Life Ins. Co. of N. Y., 64 N. Y. S. 2d 436, and cases cited therein).

As the evidence overwhelmingly preponderated in favor of the landlord-appellant, the decision below in favor of the tenant-respondent was unwarranted. The tenant-respondent neither had the two-year written lease asserted, nor was he a holdover tenant for one year. He was a tenant remaining in possession under the emergency statute.

The final order should be reversed, with $30 costs, and final order directed for landlord, with costs.

Hammer, Shibntag and Hecht, JJ., concur.

Order reversed, etc. 
      
       Revd, on other grounds 271 App, Div, 499.— [Rep.
     