New-York tribune., 1920-10-19
City and State
Enter Fight for
New Rent Laws
Mayors Committee Acts Oh
Decision in Which Court
Sustains Landlords Plea
for Dispossess Warrant
Appeal Will Be Taken
Attorney General Newton
Will Defend Attack OH
Constitutionality of Acts

The city yesterday entered the legal
battlefield on which the constitution
ality of the new rent laws is being
contested in an effort to clear up the
misunderstanding caused by the two
opposing decisions handed down last
week by two Supreme Court justices.
Coipcident with the citys entry into
the legal fight the state took up the
championing of the new laws in the
Federal courts by assigning Deputy
Attorney General Samuel Berger to de-
fend suit designed to prove the laws
unconstitutional.
The two opposing decisions were
rendered by Justice Faber, in the
Brooklyn Supreme Court, who decided
in favor of the tenant, and Justice
Mullan, in the New York supreme
Court, whose decision was exactly op-
positc. The decision in both cases af-
fected the issuance of dispossess war
rants in cases that were begun before
tie new laws were enacted.
City Appeals Case
The entry of the city was announced
yesterday by Commissioner of Ac-
counts David Hrshheld. He declared
the Mayors Committee on Rent Profit
eerng would conduct the appeal be-
fore the Appellate Term Of the Su-
preme Court in the case decided by
Justice Mullan. This case was brought
by the H. D. H. Realty Corporation
20 compel William !. Murphy, clerk
in the Municipal court, to issue dis
possess warrant against George 5.
Chains. tenant at 205 East Four
tcenth Street.
after reading the decisions in both
cases. said Commissioner Hirshfield,
eve have come to the conclusion that
Justice Fabers decision is sound, but
in view of the conflicting decisions and
the adverse precedent in Manhattan
we have decided to take an appeal.
CAS- to whether the Municipal Court
in Manhattan is bound by the decision
Of Justice Mullan do not think so.
The Appellate Court of the Municipal
Court is the Appellate Term. While
the decision of Justice Mullan is bind
ing in the case IN question, it is my
opinion that the clerks of the Munich
pal Court would be justified in not fol-
lowing it in view of the contrary de-
cision of Justice Faber and the further
fact that the Manhattan decision does
not emanate from the Appellate Court
of the Municipal Court
The decision of Justice Faber is to
be contested by the Rayland Realty
Company of Brooklyn, which was the
plaintiff. Notice of the appeal to the
Appellate Division was filed yesterday
by Grover NJ. Moskowitz, counsel of the
company. This case involves the ten
ancy of Miss Annie Dunn, of 553 Ninth
Street, Brooklyn.
Test Case L. S. Court
The case in the Federal courts is
brought by the Marcus Brown Holding
Company of Newark and seeks to oust
Arnold Pollak from the tenancy of a
flve-room apartment at 215 West
Ninety-hrst Street. In this suit the
plaintiff seeks to show the whole set of
housing laws numbered from 942 to 952
are unconstitutional. 1t also asks that
District Attorney Edward Swami be re-
strained from prosecuting the company
under Section 2,O40 of the Penal Code
on the complaint of Polak
AS the constitutionaity of the state
laws is being attacked notice was served
upon Governor Smith of the action, and
he directed Attorney General Charles
u. Newton to enter an appearance on
behalf Of the state. The latter as
signed Deputy Attorney General Samuel
berger to the case, with instructions
to carry the dispute right up to the
United States Supreme Court if neces-
sary. 1t is expected the case will be
argued in the Federal courts to-day.