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MATTER OF ACKERMAN v. WEAVER

6 N.Y.2d 283 (1959)

In the Matter of Warren Ackerman et al., Respondents, v. Robert C. Weaver, as State Rent Administrator, et al., Appellants. In the Matter of Realty Management, Inc., Appellant, v. Robert C. Weaver, as State Rent Administrator, Respondent, and Warren Ackerman et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Jacob B. Ward and Nathan Heller for Robert C. Weaver, appellant in the first above-entitled proceeding.

Orrin G. Judd, Robert S. Fougner, Eugene J. Morris and Christopher J. Taylor for Realty Management, Inc., appellant in both proceedings.

Lewis M. Isaacs, Jr., and Murray Schwartz for respondents in the first above-entitled proceeding and for intervenors-respondents in the second above-entitled proceeding.

Jacob B. Ward and Nathan Heller for respondent in the second above-entitled proceeding.

Chief Judge CONWAY and Judges VAN VOORHIS and BURKE concur with Judge FROESSEL; Judge DESMOND dissents in an opinion in which Judge DYE concurs; Judge FULD taking no part.

FROESSEL, J.

We disagree with the Appellate Division that the appellant as agent for the landlord may not obtain a rent increase on the ground that the rental income from the property yields a net annual return of less than 6% of the valuation of the property (State Residential Rent Law [L. 1946, ch. 274, as amd.], § 4, subd. 4, par. [a], cl. [1]; State Rent and Eviction Regulations, § 33, subd. 5)....

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