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MATTER OF ROSENBLUTH v. FINKELSTEIN

276 A.D. 115 (1949)

In the Matter of Leon Rosenbluth, Appellant, v. Maurice Finkelstein et al., Constituting The Temporary City Housing Rent Commission of the City of New York, Respondents

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

November 28, 1949.

Attorney(s) appearing for the Case

Victor Whitehorn of counsel (Jules Whitehorn with him on the brief; Whitehorn & Cowin, attorneys), for appellant.

Tobias Weiss of counsel (Joseph Jay and Alfred Weinstein with him on the brief; Nathan W. Math, attorney), for respondents.

PECK, P. J., and COHN, J., concur with DORE, J.; SHIENTAG, J., dissents and votes to affirm in an opinion in which CALLAHAN, J., concurs.

DORE, J.

Petitioner, a veteran of World War II, to obtain a home for himself and his family, purchased a dwelling in The Bronx with three apartments. He had compelling necessity for the purchase. After his marriage in 1946, he and his wife were unable to find an apartment and were compelled to live in three rooms with his brother-in-law and sister-in-law, an apartment occupied by two married couples; and the...

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