FRUHLING v. AMALGAMATED HOUS. CORP.


9 N.Y.2d 541 (1961)

David Fruhling, Appellant, v. Amalgamated Housing Corporation et al., Respondents.

Court of Appeals of the State of New York.

Decided April 27, 1961.


Attorney(s) appearing for the Case

Samuel B. Waterman and Nathan W. Math for appellant.

Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen and Paxton Blair of counsel), for Commissioner of Housing of the State of New York, respondent.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER concur.


FROESSEL, J.

In this declaratory judgment action, we are called upon to decide whether plaintiff, a tenant stockholder of Amalgamated Housing Corporation, a private limited dividend co-operative corporation organized under the State Housing Law, may be properly subjected to a surcharge of 25% upon his rental or evicted from his apartment. The issues presented involve the applicability to plaintiff and Amalgamated...

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