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LEIGHTON v. BEARMAN

302 N.Y. 865 (1951)

Leon Leighton et al., as Trustees, Appellants, v. Herbert Bearman, Respondent. The People of the State of New York ex rel. Joseph D. McGoldrick, as State Rent Administrator, Intervener, Respondent.

Court of Appeals of the State of New York.

Decided June 1, 1951

Attorney(s) appearing for the Case

Barnet Kaprow and Bertram A. Levine for appellants.

Morton A. Bernstein for respondent.

Walter S. Fried and Robert H. Schaffer for intervener, respondent.

Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND and DYE, JJ.; Dissent: CONWAY, FULD and FROESSEL, JJ.

Order affirmed, with costs; no opinion.

CONWAY, FULD and FROESSEL, JJ., dissent in the following memorandum:

As to the order of the Federal Housing Expediter of July 14, 1949, which increased the rent to $47.48 a month, as of November 15, 1948 — the date upon which the landlords made their application — we believe that such order fixed and determined the maximum rental under the State Emergency Housing Rent Control Law (L. 1950, ch. 250) from...

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