John Hessin Clarke

“ Several other contentions are pressed upon the attention of the court chiefly with respect to the modifications of the remedial statutes, but such as were not specifically dealt with in the Marcus Brown Co. and Block Cases, impress us as quite unimportant. Given a constitutional substantive statute, enacted to give effect to a constitutional purpose, the states have a wide discretion as to the remedies which may be deemde necessary to achieve such a result, and it is very clear that that discretion has not been exceeded in this instance by the state of New York. ”

“ That the defendant is a tenant holding over after expiration of his lease; that he refuses to surrender possession as he stipulated in his lease to do, and that he claims the right to retain possession under chapters 942 and 947 of the Emergency Housing Laws, which suspend the right of action to recover possession except under specified conditions, which are not applicable. ”

“ It is also urged that chapter 944 is invalid because the provision that 'it shall be a defense to an action by a landlord that the rent demanded is unjust and unreasonable, and that the agreement under which it is sought to be recovered is oppressive,' is too indefinite a standard to satisfy the due process of law clause of the Constitution. ”