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MTR. OF FIFTH AVE. ESTATES v. WEAVER

16 Misc.2d 236 (1959)

In the Matter of Fifth Avenue Estates, Inc., Petitioner, v. Robert C. Weaver, as State Rent Administrator, Respondent.

Supreme Court, Special Term, New York County.

February 9, 1959.

Attorney(s) appearing for the Case

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

Nathan Heller and Robert Sugerman for respondent.

Kay, Scholer, Fierman, Hays & Handler (Donald H. Balleisen of counsel), for intervenor.

ARON STEUER, J.

In this article 78 proceeding petitioner seeks a review of a determination of respondent that a certain apartment is not decontrolled. The application is based on subdivision 18 of section 9 of the State Rent and Eviction Regulations. While petitioner challenges the validity of the subsection it also claims that the determination violates the section itself. The challenge to the validity of the...

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