MATTER OF KERBS v. STATE RENT ADMR.


15 Misc.2d 99 (1958)

In the Matter of Ralph W. Kerbs, on Behalf of Himself and Other Tenants in Premises 308 East 79th Street, New York, New York, Petitioner, v. State Rent Administrator, Respondent, and Sitek Realty Co., Inc., Intervenor-Respondent.

Supreme Court, Special Term, New York County.

July 21, 1958.


Attorney(s) appearing for the Case

William L. Messing for petitioner.

Nathan Heller and Sam L. Simon for respondent.

McLaughlin & Fougner (Robert S. Fougner of counsel), for intervenor.


SIDNEY A. FINE, J.

The determination of the Rent Administrator that the operation of the two passenger elevators between midnight and 8:00 A.M. by only one attendant, instead of by two, did not deprive the tenants of an "essential service" may not be held arbitrary or capricious. The tenants' acquiescence for many years was a factor entitled to be considered in evaluating the importance of having two manual operators during the hours in question...

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