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HOTEL ARMSTRONG v. TEMP. RENT COMM.

11 A.D.2d 395 (1960)

Hotel Armstrong, Inc., Respondent, v. Temporary State Housing Rent Commission et al., Appellants, and Louis J. Lefkowitz, Attorney-General of The State of New York, Intervenor-Appellant

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

November 22, 1960.

Attorney(s) appearing for the Case

Emory Gardiner of counsel (Harold Zucker, attorney), for State Rent Administrator, appellant.

Philip Watson of counsel (Paxton Blair with him on the brief; Louis J. Lefkowitz, Attorney-General, in his statutory capacity under section 71 of the Executive Law), for intervenor-appellant.

Jack Newton Lerner for respondent.

VALENTE, McNALLY and STEVENS, JJ., concur.

BREITEL, J. P.

Plaintiff, the owner of housing accommodations styled as a hotel, seeks a declaratory judgment that the State Housing Rent Commission is without power to regulate the rents charged by it. It asserts that the 1959 amendments to the controlling statute (L. 1959, ch. 695), under which the Rent Commission has acted, are not applicable, and that, in any event, the amendments are unconstitutional for...

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