The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-10-14
OTHER DEGREES NEAR
81 Tenants Bring Action
Against Landlord of a
Brooklyn Building.
WATER, HEAT CUT OFF
Case Of City Marshal Who Re-
fused to Serve Eviction
4. Warrant to Be Decided.

Justice Edward r. Finch in the Eronx
Supreme Court announced yesterday
that he would hand down n decision this
afternoon on a case involving the coz
stitutionality OF the new rent laws. This
will be the first court decision since the
fight to test the validity OF the laws was
started. though several other decisions
are expected later in the week.
Justice Finch made his announcement
RI the hearing of an eviction petition
entered by Jacob l.. Guttad. owner of
The Venice Court apartments at 1s5
Crotona Parkway. to dispossess Lyman
Achatzkin, q tenant, whose lease ex-
pred October !, but who refused to
move, claiming that he could retain
possession under the new rent laws.
Bernard S. DeAtsch. counsel for Gut
tad, made the plea that the new rent
laws were unconstitutional in that the
state Legislature exceeded It's authority
an limiting the powers Of the Supreme
Court in such actions until November,
1872. He said such abrogauon OF court
rights was Illegal unless decreed by
popular referendum. After stating that
his mind was open for final determina-
ton on the case Justice Finch said:
'T think the Legislature has done no
moro than take away summary remedy.
IT does not say person cannot recover
his property until 1892, but merely
states three ways under which he can.
The Legislature could not abolish the
right of the Supreme Court to issue in
functions. but it could specify certain
proceedings to be gone through before
puch injunction could be issued"
Calls 1t Emergency BuSaboo.
Mr.. Deutsch had contended that the
Legislature could not tie tho hands of
the Supreme Court by suspending It's
jurisdiction in ejectment suits. or adopt
action amounting to abridgInent OF con-
tracts.
III the Legislature has the right TO
say owners cannot recover property for
three years 1t will have the right at the
and of that period to extend the period
another two years" said Mr.. Deutsch
III the Legislature has this right II win
RlEo have tho right to deprive the court
of the power to issue an injunction be-
cause OF public emergency. 1 think 1t
an emergency bugaboo."
julius T. Tobias. counsel for Schatz-
Lin. the tenant, answered Mr. Deutsch
BY saying that the action OF the Lsgis-
1aturc had merely operated against the
Municipal courts for the period or two
years. placing authority in the hands Of
yhe Supreme Court. He said that all
rights, instead of being taken away.
were merely limited.
Justice Finch also heard arguments
mn an order granted to Mrs. Sarah
Jichtman. landlord, requiring Frank
L.. Donnelly city marshal, TO show cause
why he should not evict John Younger
man from the plaintiffs property at
1855 Fulton avenue. The Bronx. Deci-
sion was reserved until tomorrow.
Mrs. Lichtrnan brought eviction pro-
ceedings against her tenant OH May 8
before Justice Michael J. Scanlon in the
Municipal Court. and Youngerman won
stay until September 3. Recently
Martin J. Burke. a clerk OF the court.
issued neviction warrant on applica-
ton OF Mrs. Lichtman. but City Marsha
Donnelly refused to serve t.
Only Eight Cases I'm One Court.
There wero only eight rent cases on
tile calendar in the Second District
Municipal Court in The Bronx.
. The Norwich Homes Corporation,
which has offices at 2i5 Montague
street. Brooklyn. was the defendant in I!
the Fifth Avenue Court on compliant |
brought by thirty-two tenants living in !
tho apartment house owned by the COM |
pany. at 1262-1ass6 Fifty-fourth street. |
Brooklyn. The tenants charged that
during tho last few days the corpora
ton failed to supply hot water and
heat. William u. Gioode, president Of |
the corporation. said he would waive |
service Of summons. He also waived I
examination. Magistrate Geismar held |
the corporation for Special Sessions.
The charge that "welching tenants" \
sse refusing TO pay rents previously |
agreed upon, was made by Stewart |
Efowne of the Real Estate Owners 1
Association. Il warn tenants" said Mr. |
browne. that unless this practice OF |
y1fusing to pay such rents In stopped |
inc 1871 LegislS turs will amend these 1
laws in a way they won't like"
David Hlrshfield, Commissioner OF Ac- !
wunts. made public papers In an action !
wrought in the Supreme Court by Scott. |
derard & Bowers In which n lessee and
stockholder OF cooperative housing
company seeks 70 gain possession OF an
APARTMENT held by tenant who refuses
To move
The Gaze was taken 10 Commissions.
HirshfIsld by tho tenant who asked tina;
me city intervene in the action 70 defeni
the new rent laws. The cooperative
ownersnip provision OF the new laws will
he the point involved In this ease Com.
missioner Hirshfield announced that hs
end Arthur J. W. Hilly. chairman OF the
mayors Committee on Rent ProfiteerinE,
would appear to defend tho tenant.
To DIgCJJSS W0prn IT'D Anr