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MATTER OF BROWN, HARRIS v. ABRAMS

2 A.D.2d 376 (1956)

In the Matter of Brown, Harris, Stevens, Inc., et al., Appellants, v. Charles Abrams, as State Rent Administrator, Respondent, and Herta Di Veroli, Intervenor-Respondent

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

November 7, 1956.

Attorney(s) appearing for the Case

Bernard M. Kommel of counsel (Kommel & Rogers, attorneys), for appellants.

Norman S. Fenton of counsel (Nathan Heller, attorney), for respondent.

Robert E. Moss for intervenor-respondent.

PECK, P. J., COX and VALENTE, JJ., concur in Per Curiam opinion; FRANK, J., dissents and votes to reverse in opinion.

Per Curiam.

In an original proceeding before the Rent Administrator, a determination was made that the premises were decontrolled. The tenant instituted an article 78 proceeding to review the determination. The landlords, although given the opportunity to intervene in that proceeding, elected not to do so but to leave the representation of their interest to the Rent Administrator. Special Term annulled the determination...

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