MTR. OF GAGE v. HERMAN


23 Misc.2d 136 (1960)

In the Matter of Alan K. Gage, on His Own Behalf, and on Behalf of All Other Tenants Similarly Situated Named in the Petition Herein, Petitioner, v. Robert E. Herman, as State Rent Administrator, Respondent, and Nine Seventy Five Associates, Intervenor.

Supreme Court, Special Term, New York County.

April 6, 1960.


Attorney(s) appearing for the Case

M. S. & I. S. Isaacs (Harry Loeb Mostow, Lewis M. Isaacs, Jr. and Stanley P. Siegel of counsel), for petitioner.

Harold Zucker and Robert Sugerman for respondent.

Geist, Netter & Marks (Morris Marks and Robert S. Fougner of counsel), for intervenor-respondent.


WILLIAM C. HECHT, JR., J.

Tenants seek to annul an order of the Rent Administrator which increased rents under the 6% net annual return formula. Stripped of all unnecessary details, the vital issue to be resolved is whether the price paid by the landlord on December 2, 1957 for the property, $1,950,000, evidenced by $25,000 cash on contract, $175,000 cash down at closing, a third mortgage of $250,000 for 18 months at interest of 1%, the assumption of...

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