MATTER OF KORNICZKY v. GABEL


37 Misc.2d 349 (1962)

In the Matter of Paul Korniczky et al., Petitioners, v. Hortense W. Gabel, as City Rent and Rehabilitation Administrator, Respondent.

Supreme Court, Special Term, New York County.

October 31, 1962


Attorney(s) appearing for the Case

Nathan Finkelstein for petitioners. Beatrice Shainswit for respondent.


VINCENT A. LUPIANO, J.

This is a proceeding under article 78 of the Civil Practice Act instituted by landlord to reverse a determination of the Rent and Rehabilitation Administrator, which denied a decontrol of a controlled apartment.

The issue involved a question of fact whether the entire subject apartment was owner-occupied for a period of one year prior to the date of renting to new tenant. The Rent and Rehabilitation Administrator held it...

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