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MTR. OF PHILIP-TOBY REALTIES v. WEAVER

8 A.D.2d 206 (1959)

In the Matter of Philip-Toby Realties, Inc., Respondent, v. Robert C. Weaver, as State Rent Administrator, Appellant

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

June 4, 1959.

Attorney(s) appearing for the Case

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

Walter S. Cooper for respondent.

BREITEL, J. P., RABIN, M. M. FRANK and STEVENS, JJ., concur.

VALENTE, J.

The State Rent Administrator appeals, by permission granted pursuant to section 1304 of the Civil Practice Act from an order which remanded, for further consideration, a landlord's application for a building-wide increase of rents under subdivision 5 of section 33 of the State Rent and Eviction Regulations. In June, 1956, the landlord applied for the rent increase on the ground that, for the 12-month...

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