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MATTER OF SIPAL REALTY CORP. (DANKERS)

8 N.Y.2d 319 (1960)

In the Matter of Sipal Realty Corporation, Appellant. Martin L. Dankers et al., Respondents.

Court of Appeals of the State of New York.

Decided October 21, 1960.

Attorney(s) appearing for the Case

Barney B. Fensterstock and Frederick B. Sussmann for appellant.

William L. Messing for Martin L. Dankers and others, respondents.

No appearance for Sylvia Heller, respondent.

Chief Judge DESMOND and Judges DYE, FROESSEL and FOSTER concur with Judge BURKE; Judges FULD and VAN VOORHIS dissent and vote to reverse the order of the Appellate Division and to reinstate the order of Special Term for the reasons stated in the opinion at Special Term and in the dissenting opinion at the Appellate Division.

BURKE, J.

The petitioner brought this proceeding to fix the reasonable rent for all the suites in a building owned by it, pursuant to the provisions of the Business Rent Law. (L. 1945, ch. 314, as amd., § 2, subd. [a], par. [2]; subd. [c].) Petitioner asserts that the apartments occupied by the respondents constitute business space because more than 60% of the total space in the building is lawfully occupied...

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