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MTR. OF 1172 CORP. v. STATE HOUS. COMM.

25 Misc.2d 158 (1959)

In the Matter of 1172 Corporation, Petitioner, v. Temporary State Housing Rent Commission, Respondent, and Otey McClellan, Intervenor-Respondent.

Supreme Court, Special Term, New York County.

December 29, 1959.

Attorney(s) appearing for the Case

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

Harold Zucker and Florence R. Zimmerman for respondent.

Otey McClellan, intervenor-respondent in person.

MATTHEW M. LEVY, J.

This is a proceeding brought by the landlord-petitioner in pursuance of article 78 of the Civil Practice Act, to review the determination of the Temporary State Housing Rent Commission, which denied a certificate of eviction sought on the ground that the residential apartment in question is underoccupied and, therefore, subject to subdivision. The apartment consists of 10 rooms (inclusive...

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