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LINCOLN BLDG. ASSOCS. v. BARR

1 N.Y.2d 413 (1956)

Lincoln Building Associates., Appellant, v. Lockwood Barr, Respondent. Lincoln Building Associates., Appellant, v. Joseph Jame, Respondent. Lincoln Building Associates., Appellant, v. Martin Stern, Doing Business under the Name of Swim for Health Association, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1956.

Attorney(s) appearing for the Case

Samuel I. Rosenman, Max Freund, Lawrence R. Eno, Milton Adler and Jerome L. Sindler for appellant.

Jacob K. Javits, Attorney-General (James O. Moore, Jr., John Trubin, Abe Wagman, Joseph E. Ruggiero and Emil N. Baar of counsel), in his statutory capacity under section 71 of the Executive Law.

CONWAY, Ch. J., DESMOND, DYE and FULD, JJ., concur with FROESSEL, J.; BURKE, J., dissents in an opinion in which VAN VOORHIS, J., concurs.

FROESSEL, J.

This appeal is taken directly to us under subdivision 4 of section 588 of the Civil Practice Act from three orders of the Municipal Court of the City of New York, Borough of Manhattan, Ninth District. It presents for our consideration the constitutionality of the 1955 re-enactment of the Business Rent Law (L. 1955, ch. 701) insofar as it affects office space only. Unconstitutionality is claimed by...

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