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DAWSON v. HIGGINS

197 A.D.2d 127 (1994)

Joan Dawson et al., Appellants, v. Richard L. Higgins, as Commissioner of The New York State Division of Housing and Community Renewal, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

April 5, 1994

Attorney(s) appearing for the Case

Sam Kazman of counsel, Washington, D.C. (Ronald D. Hariri with him on the brief; Hariri & Wotman, P. C., New York City, attorneys), for appellants.

June Duffy of counsel, New York City (Ellen J. Fried with her on the brief; G. Oliver Koppell, Attorney-General, attorney), for Richard L. Higgins, respondent.

Anthony M. Dilloff of counsel, New York City (Stephen J. McGrath with him on the brief; Paul A. Crotty, Corporation Counsel of the City of New York, attorney), for City of New York, respondent.

ELLERIN, ASCH and TOM, JJ., concur.

SULLIVAN, J. P.

This is an appeal from the rejection of a challenge to the constitutionality of section 26-408 (b) (1) of the Administrative Code of the City of New York and section 2204.5 (a) of the New York City Rent and Eviction Regulations of the New York State Division of Housing and Community Renewal (9 NYCRR 2204.5 [a]), which, insofar as relevant, prohibit a landlord's recovery of a rent-controlled housing...

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