The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-10-08
JUDGE REBUKES
LAWYER DURING
RENT LAW TEST
TT. s. Not Russia He Says
Answering Tenants
Claim.
DECISION RESERVED
Attorneys for Landlords
Decline to Force COnSti-
tutiOnal Issue.
PREPARE TO TAKE APPEAL
Court DeplOres Present Ten
dency to Thrust Burden on
Property Owner.
PREPARE TO TAKE APPEAL

Supreme Court Justice George V. Null
Ian reserved decision yesterday on an APP
plication for a writ to compel the tenants
OF the apartment house at Audubon ave-
nue. and 10th street to vacate. The ac-
ton was brought By William Brandt Sc
Co, Inc, owner OF the house. The points
involved in the case affect the constitu-
tionality CT tho rent laws passed last
month by the Legislature. and upon
Judge Mullan's decision depends the fate
of perhaps rs 600 families. The popular
interest in the case resulted in the court
room being crowded with tenants and
landlords. who listened closely 10 the
arguments.
Meyer d. Siege attorney for the land
lord. said the new rent laws had brought
about a condition where the landlord was
compelled to appeal TO court OF equity
to sustain his rights The Court OF Ap-
peals. he said. had decided that no law
could be retroactive in its effects upon
contracts already made.
In this particular case the tenants
who had been summoned had made
leases winch GNDlEtQ otHlSHADcA oV.
There was 4 provision that II they did
rot renew their leases they would inrle-
dlately give up their apartments. Mr..
Siegel declared that the tenants had not
vacated and apparently did not intend TO
co so The vested property rights OF tho
owners. he said. could not be curtaiied by
this special session legislation
Justice Muilan asked Mr.. Segel If he
wished to argue the case upon the
grounds Of the constitutionality OF tht
new laws Mr.. Siegel said ne preferred
TO avoid such discussion II possible. He
said he was willing 10 have the justice
deny his application for an order COM
pelling the tenants to vacate, or put W
security pending a final decision III the
case in order that an appeal might be
taken TO the Appellate Division.
Tenants Ask Dismissal.
Abraham Upton. representing several
OF the tenants whose custer is sought
contended that the landlords application
should be dismissed or the ground that
not enough facts had been shown for at
action.
IF the landlord corporation comedies
the constitutionality Of the rent laws"
said Mr.. Upton. "the claim that the
tenants had conspired to take advantas &c
OF the law falls Of It's own weight. The
landlords remedy Is TO sue for rental.
follower proceedings and the right OF
the landlord to secure possession have
been wiped out
Thomas Crawford representing two o.
the tenants, told the court that the
landlord in the case evidently thought
the laws unconstitutional He was in
terrrpted by Justice Mullan. who re-
marked that this country was not Rus
STA. Mr.. Crawford replied that were e
not for the recent legislation the city
might be Russianized.
Mr.. Crawford maintained that the
bringing OF the action was c gross i'm
position upon the equity part Of tho
court. Until the laws had broken down.
he said. there was no need TO resort to
"a court OF equity.
When Mr.. Crawford said that the rent
laws expressed the public policy Of the
State Justice Mullan asked II he thought
the States policy was superior to the
common law as decided by Judges for
hundreds OF years. Mr.. Crawford In re
ply contended that court Of equity
would not give relief that had beer
taken away by q court OF law, saying
that this Is merely an ejectment q.
equity. no matter what you may call it,
Suggests Settlement.
1t was suggested by Mr.. Crawford
that the attorneys might arrange to pay
q rental to the landlord that would pro
tect his rights. lie also suggested thai
both sides submit briefs As 60 the cor
stitutiorality of the new laws.
If the remedy sought In this cas-,
succeeds" said Mr. Crawford you VII
have tc-ants camping out in the streets
These tenants have tried but nave beer
unable to secure rev homes. They ar,
Inc faX batf
other places TO co.
Justice MvllGn observed that ia III,
present situation the general pvbli,
seemed to wish to pass the burden to IN.
landlord. Everybody has raised thei
prices. he said. though the landlord 4
being criticised more than anybody else
lie said the burden OF tho housing short
age should be made q community affair
The tenants AGAINST whom the actor
Sc brought by william Brandt &. Co. ar
Solomon Wen. David Gerston, Bets,
Fernheimer. Cornelius S. Vail. IA.
Trankenstein, Rebecca Frankensteir
Samuel Golden. Nathan Layman. Solo
mon Layrnar. George Riesh ana clar
ence Il. Kahn.
Mr. and Mrs. Jacob GroYpler. VIII
were ordered by Magistrate schwab
West side Court 10 leave the apar tupr
they had rented al 270S Broadway wei
had unknow ingly moved into the apar
nent which was etll occupied b, walt,
Fleming. Mrs. Gropplor said ,hp
through the kindness OF tho Fiemr
family. she would stay In the hst unit
che and her husband found anoth
place. Henry Lowcnthal. the owner.
held In $500 bail charged with viola II,
OF certain sections OF the now rent lar
lie will be arraigned to-day
20 Rent Cases Dismissed.
Thirty-six landlord and tenant cas-
brought before Justice william Morr
IN the Second District Municipal Cou
The Bronx, we're dismissed with liti
ceremony. The tenants were told 20
home and "eit tight"
you people have been harasscd Al
worried long enough" said JUST
Morris. 1T Is time the landlords did
rft of worrying"
The first eviction Of n tenant In T
Bronx since the new laws went N
effect took place yesterday. just
Morris ordered Mrs NJ Greco OF "a
pafheate avenue 10 vacatc the house
that addrore within week Tho ties
n,ony showed that Mrs. Greco had =,
The house and then bought anoth
because she wan unable 20 move "
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