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BUCHO HOLDING CO. v. STATE RENT COMM.

11 N.Y.2d 469 (1962)

Bucho Holding Company, Appellant, v. Temporary State Housing Rent Commission et al., Respondents. Victory Holding Company, Appellant, v. Temporary State Housing Rent Commission et al., Respondents. Marjorie B. Murphy, on Behalf of Herself and All Other Tenants Occupying Apartments at 760 North Avenue, New Rochelle, N. Y., Appellant, v. Temporary State Housing Rent Commission et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided July 6, 1962.

Attorney(s) appearing for the Case

Albert W. Fribourg, Robert S. Fougner and Albert F. Campbell for appellants.

Harold Zucker and Harry Michelson for the Temporary State Housing Rent Commission, respondent.

Louis J. Lefkowitz, Attorney-General (Irving Galt, Samuel A. Hirshowitz and Sheldon Raab of counsel), in his statutory capacity under section 71 of the Executive Law.

Chief Judge DESMOND and Judges DYE, FROESSEL and FOSTER concur with Judge FULD; Judge BURKE dissents in an opinion in which Judge VAN VOORHIS concurs.

FULD, J.

Upon direct appeals from Special Term orders dismissing the complaints of the three appellants, we are called upon to consider the constitutionality of section 4 of the Emergency Housing Rent Control Law as amended in 1962 (§ 4, subd. [a], as amd. by L. 1962, ch. 21, § 4).1 In essence, and insofar as applicable, it provides that the value of rent-controlled residential...

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