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MATTER OF WEINER v. WEAVER

10 Misc.2d 643 (1957)

In the Matter of Violet H. Weiner et al., Petitioners, v. Robert C. Weaver, as State Rent Administrator, Respondent.

Supreme Court, Special Term, New York County.

October 1, 1957.

Attorney(s) appearing for the Case

Solomon M. Lowenbaum for petitioners.

Nathan Heller and Robert Sugerman for respondent.

SAUL S. STREIT, J.

The case of Matter of Fiesta Realty Corp. v. McGoldrick (284 App. Div. 551) is controlling here. The reversal by the Court of Appeals (308 N.Y. 869) was on jurisdictional grounds, without consideration of the merits. In the Court of Appeals, the landlord had pointed out that the conversion of the premises from a boarded up state to occupancy by tenants had taken place between February 1, 1947 and...

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