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MTR. OF LION BREWERY v. WEAVER

8 A.D.2d 173 (1959)

In the Matter of Lion Brewery of New York City, Appellant, v. Robert C. Weaver, as State Rent Administrator, Respondent, and Lawrence Berenson, Intervenor-Respondent

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

June 11, 1959.

Attorney(s) appearing for the Case

Maurice R. Whitebook of counsel (Lewis, Herrick & Whitebook, attorneys), for appellant.

Harold Zucker of counsel (Nathan Heller, attorney), for respondent.

Lawrence Berenson, intervenor-respondent in person.

RABIN, VALENTE and McNALLY, JJ., concur with BOTEIN, P. J.; M. M. FRANK, J., dissents and votes to remand in opinion.

BOTEIN, P. J.

The Rent Administrator has decided that the premises rented by the tenant are not "under-occupied", under the relevant provisions of the State Residential Rent Law and the implementing State Rent and Eviction Regulations. As explained in the dissenting opinion, the housing accommodation involved here is a nine-room, so-called "luxury" apartment, containing two maids' rooms. The family unit occupying...

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