MATTER OF BERGER v. HERMAN


12 A.D.2d 819 (1961)

In the Matter of Solomon Berger, Respondent, v. Robert E. Herman, as State Rent Administrator, Appellant

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

January 30, 1961


Order reversed on the law and the facts, with costs, determination of State Rent Administrator reinstated, and proceeding dismissed. Findings of fact inconsistent herewith are reversed, and new findings are made as indicated herein.

The record supports the Administrator's finding that the five subject apartments in the co-operative apartment house here involved were vacated by tenants or sublessees and not by their owners. Therefore, these five apartments were subject...

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