Summary judgment for assessment of damages should not have been granted in this case. The emergency rent for the particular space here in question and the reasonable rent therefor, if in excess of the emergency rent, must be determined by the court at Special Term in the manner prescribed by law. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. Present — Peck, P. J.,. Glennon, Dore, Van Voorhis and Shientag, JJ. [See post, p. 1028.]