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BRIGHT HOMES v. WRIGHT

10 A.D.2d 355 (1960)

Bright Homes, Inc., Respondent, v. Henry Wright et al., Defendants; Robert E. Herman, as State Rent Administrator, Intervenor-Defendant-Appellant, et al., Intervenor-Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 27, 1960.

Attorney(s) appearing for the Case

Harold Zucker and Emory Gardiner for intervenor-defendant-appellant.

Dillon, Dillon, Dillon & Burke for intervenor-defendant.

George E. Gasner for respondent.

All concur, except HENRY, J., who dissents and votes for affirmance for the reasons given by the Special Term. Present — WILLIAMS, P. J., BASTOW, HALPERN, McCLUSKY and HENRY, JJ.

BASTOW, J.

The State Rent Administrator, an intervenor in this action, appeals from a judgment declaring that rent controls ended in the City of Lackawanna on July 1, 1959. The legal problem presented centers upon a resolution adopted by the Common Council of that city on June 25, 1957.

The resolution, so far as here material, states "that an emergency exists...

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