In an action against a landlord, by a former tenant of business space in the city of New York, to recover a part of rent claimed by the tenant to have been unjust, unreasonable and oppressive (see Business Rent Law, L. 1945, eh. 314, as amd.), and for damages for fraud, order denying defendant’s motion for summary judgment, pursuant to rule 113 of the Rules of Civil Practice, affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Carswell, Sneed, Wenzel and MacCrate, JJ., concur.