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SAUL RABINOVITZ, Appellant, v. ALLAN C. WILLIAMSON et al., as Administrators with the Will Annexed of CHARLES D. STRANG, Deceased, Respondents. DAVID ROSEN, Landlord,

In an action for the specific performance of an option to purchase certain real property, contained in a lease thereof, plaintiff appeals from an order dismissing the amended complaint on defendants' motion under rule 113 of the Rules of Civil Practice, and from the judgment entered thereon. Plaintiff also appeals from an order denying his cross motion for summary judgment. Judgment and orders unanimously affirmed, with one bill of $10 costs and disbursements. The record establishes that the term of the lease had expired at the time plaintiff sought to exercise the option, and that he was in possession as a statutory tenant under the Commercial Rent Law. (L. 1945, ch. 3, as amd.; Stern v. Equitable Trust Co., 238 N.Y. 267; Whitmarsh v. Farnell, 298 N.Y. 336.) In our opinion, the option to purchase the premises did not survive the expiration of the lease. The basic purpose of the emergency rent laws was to curb the evils of exorbitant rents and widespread evictions ( Matter of Fifth Madison Corp. [ New York Tel. Co.], 297 N.Y. 155); and to effectuate that object it is unnecessary to afford a tenant, holding over by virtue of statutory compulsion, the right to enforce an option clause contained in a lease, the term of which has expired. This conclusion is supported by the amendment to the Commercial Rent Law, effective April 11, 1949, which is declaratory of that principle. (L. 1945, ch. 3, § 10, as amd. by L. 1949, ch. 534, § 1.)

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RABINOVITZ v. WILLIAMSON
(May 2, 1949)