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LIEBOWITZ v. H & W REALTY CORP.

21 Misc.2d 258 (1959)

Henrietta Liebowitz, Respondent, v. H & W Realty Corp., Appellant.

Supreme Court, Appellate Term, Second Department.

December 3, 1959.

Attorney(s) appearing for the Case

Whitehorn & Cowin (Joseph Delman of counsel), for appellant.

Ira Richard Bennett for respondent.

Concur — PETTE, DI GIOVANNA and BROWN, JJ.

Per Curiam.

The agreed statement of facts fails to disclose the nature or extent of the physical changes, if any, which were made when the apartment was converted from housing to nonhousing use and when it was subsequently reconverted to housing use. In the absence of such proof it cannot be determined whether the housing accommodations were exempt from rent control for the period here involved. (See Matter of Lord Management Corp. v. Weaver,

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