SHERMAN v. GROSS


2 Misc.2d 1021 (1956)

Richard Sherman et al., Respondents-Appellants, v. Janet Gross, Appellant-Respondent.

Supreme Court, Appellate Term, First Department.

March 22, 1956.


Attorney(s) appearing for the Case

Arthur J. Galligan for respondents-appellants.

Irwin Isaacs for appellant-respondent.

HECHT and AURELIO, JJ., concur; HOFSTADTER, J., dissents.


Per Curiam.

It was uncontradicted that the apartment occupied by plaintiffs, commencing February 1, 1954, was in a two-family house, the only other apartment being occupied by the landlord and her family. Accordingly, pursuant to the provisions of section 2 of the State Residential Rent Law (L. 1946, ch. 274, as amd.) and subdivision 12 of section 9 of the Rent and Eviction Regulations promulgated by the rent commission, the premises were not subject to rent...

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