MATTER OF PAYSON v. CAPUTA


9 A.D.2d 226 (1959)

In the Matter of Henry Payson et al., Appellants, v. Joseph J. Caputa, as State Rent Administrator, Respondent, and Various Tenants of 2 Sutton Place South, Intervenors-Respondents

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

November 17, 1959.


Attorney(s) appearing for the Case

Lewis M. Isaacs, Jr., of counsel (R. E. Burdick with him on the brief; M. S. & I. S. Isaacs, attorneys), for appellants.

Harold Zucker for respondent.

William L. Messing for intervenors-respondents.

Robert S. Fougner of counsel (McLaughlin & Fougner, attorneys), amicus curiæ.

BOTEIN, P. J., RABIN, M. M. FRANK and BERGAN, JJ., concur.


BREITEL, J.

Petitioners, owners of a multiple dwelling subject to the State Residential Rent Law, seek a rent increase on the ground that the property does not return at least 6% annually on its valuation. They ground their application on the purchase price on a prior sale of the property which they assert provides the proper valuation base within the purview of the statute and the regulations. The sale in question...

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