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MATTER OF SARNER v. WEAVER

4 A.D.2d 47 (1957)

In the Matter of Sidney Sarner, Appellant, v. Robert C. Weaver, as State Rent Administrator, Respondent

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

June 4, 1957.

Attorney(s) appearing for the Case

Joseph Feldman of counsel (Herbert M. Rosenberg and Irwin H. Rosenberg with him on the brief; Rosenberg & Rosenberg, attorneys), for appellant.

Edward V. Alfieri of counsel (Nathan Heller, attorney), for respondent.

BREITEL, J. P., RABIN, VALENTE and McNALLY, JJ., concur.

Per Curiam.

Under the State Residential Rent Law (§ 10, subd. 4; L. 1946, ch. 274, as amd. by L. 1951, ch. 443) the commission's authority with respect to landlords who seek to withdraw their property from the rental market is to determine whether, in fact, they actually intend to withdraw their property or are merely pretending to do so. This is the significance of the phrase "in good faith" in section 59 of the State Rent and Eviction Regulations which...

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