. There is a strong presumption that legislative enactments are constitutional. To overcome this presumption, unconstitutionality must be demonstrated beyond a reasonable doubt. (Nettleton Co. v Diamond, 27 NY2d 182, 193; People v Pagnotta, 25 NY2d 333, 337; People v Pace, 111 Misc 2d 488; People v Darry P., 96 Misc 2d 12, 16; People v Bakolas, 113 Misc 2d 832.) Particularly, courts at nisi prius should avoid, except in rare cases, declaring acts of the Legislature unconstitutional. (National Psychological Assn. for Psychoanalysis v University of State of N. Y., 18 Misc 2d 722, 725-726, affd 10 AD2d 688, affd 8 NY2d 197, app dsmd 365 US 298; People v Darcy, 113 Misc 2d 580; People v Hedges, 112 Misc 2d 632; McKinney’s Cons Laws of NY, Book 1, Statutes, § 150; 8 NY Jur, Constitutional Law, §§ 44, 48.)
. The third cause of action, by incorporating the first seven paragraphs of the amended complaint, makes clear that the plaintiff is referring to the notice to cure when he mentions defendant’s transmittal of a notice to vacate.
. Moreover, that lease disclaimed any representations not expressly set forth, thereby merging all understandings and rights therein. Plaintiff does not attempt to set aside the lease and that general disclaimer of other representations.
. It is difficult to say he has suffered any damage until he has been evicted and lost his leasehold and investment.