Majority
p. 579Julius et al., Suing on Their Own Behalf and on Behalf of All Other Similarly Situated Tenants of the Hotel Marcy, Respondents, v. Paul Ross et al., as Temporary City Housing Rent Commission, Defendants, and Bing & Bing, Inc., Appellant. Argued June 8, 1948; decided July 16, 1948.
p. 581
Alexander B. Siegel, Edgar E. Harrison and Ruth Ranson for appellant.
Leon London and J. L. Nicoll for respondents.
p. 582
Nathan W. Math, William L. Messing, Joseph Jay and Alfred Weinstein for Temporary City Housing Bent Commission, amicus curice, in support of appellant’s position.
Charles W. Merritt for Hotel Association of New York City, Inc., amicus curice, in support of appellant’s position.
Order affirmed, with, costs. First and second questions certified answered in the affirmative. Third question certified answered in the negative. Fourth and fifth questions certified not answered. No opinion. [See 298 N. Y. 655 .]
Concur: LotjghbaN, Ch. J., Lewis, DesmoND, Thaoheb, Dye and Fuld, JJ. Taking no part: CoNway, J.