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MATTER OF OTERI v. STATE RENT COMM.

9 A.D.2d 529 (1960)

In the Matter of Paul P. Oteri et al., Appellants, v. Temporary State Housing Rent Commission, Respondent

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

February 9, 1960.

Attorney(s) appearing for the Case

Irvin L. Lubar of counsel (Jacob S. Spiro, attorney), for appellants.

Emory Gardiner of counsel (Sam L. Simon with him on the brief; Harold Zucker, attorney), for respondent.

M. M. FRANK, VALENTE and McNALLY, JJ., concur in Per Curiam opinion; BOTEIN, P. J., dissents in opinion in which RABIN, J., concurs.

Per Curiam.

In this article 78 proceeding, petitioners appeal from an order confirming respondent's order fixing the maximum rent in respect of the premises here involved. Petitioners maintain the premises are not subject to rent control. The premises consist of a four-story, eight-family apartment house formerly located at 2240 Wallace Avenue, Bronx County, which was acquired by the City of New York in 1947 and sold to petitioners' predecessor during 1950...

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