MATTER OF SHERMAN-TAYLOR CORP. v. TEMP. STATE HOUS. RENT COMM.


15 Misc.2d 646 (1958)

In the Matter of Sherman-Taylor Corporation, Petitioner, v. Temporary State Housing Rent Commission, Respondent.

Supreme Court, Special Term, New York County.

April 16, 1958.


Attorney(s) appearing for the Case

Goldwater & Flynn (Leon Liner of counsel), for petitioner.

David Leavenworth, tenant in person and attorney for other tenants affected.

Nathan Heller and Sam L. Simon for respondent.


WILLIAM C. HECHT, JR., J.

In view of the fact that petitioner was previously granted rent increases based upon the then existing taxes as part of operating expenses, it appears clear that respondent is correct in ordering a prorata refund based upon the decrease in the taxes and recoupment by the landlord after the certiorari proceedings. It seems, however, that the total amount to be refunded, originally established...

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