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PEOPLE EX REL. McGOLDRICK v. STERLING

283 A.D. 88 (1953)

The People of the State of New York ex rel. Joseph D. McGoldrick, as State Rent Administrator, Appellant, and Monroe Jacobs et al., Interveners, Appellants, v. Edward C. Sterling et al., Respondents

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

December 8, 1953.

Attorney(s) appearing for the Case

Robert H. Schaffer of counsel (Norman S. Fenton with him on the brief, attorney), for appellant.

Leonard M. Wallstein, Jr., of counsel (Benjamin Menschel with him on the brief; Wallstein, Menschel & Wallstein, attorneys), for interveners, appellants.

George Brussel, Jr., of counsel (Rosston, Hort & Brussel, attorneys), for respondents.

COHN, J. P., BASTOW, BOTEIN and BERGAN, JJ., concur.

BREITEL, J.

The question is whether an owner of real property — a multiple dwelling — may cut off the possessory rights of statutory tenants under the State Residential Rent Law (L. 1946, ch. 274, as amd.) by transferring the property to a corporation under a so-called "co-operative plan" and selling to strangers, without offering to the tenants, the shares allocated to their apartments.

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