BERNKRANT v. STATE HOUS. RENT COMM.


36 Misc.2d 507 (1962)

Alfred Bernkrant, Plaintiff, v. Temporary State Housing Rent Commission, Defendant.

Supreme Court, Special Term, New York County.

September 12, 1962


Attorney(s) appearing for the Case

Small & Small (Robert Small of counsel), for plaintiff. Harold Zucker and David Weisenberg for defendant.


CHARLES A. LORETO, J.

This is an action pursuant to section 473 of the Civil Practice Act to declare the rent control statute (Emergency Housing Rent Control Law, § 9, subd. 1; L. 1946, ch. 274, as amd.) unconstitutional insofar as it allows unlimited review by the Rent Commission of its own orders, in the absence of fraud, illegality and other vital defects, on the ground that it causes uncertainty in the law and is in conflict with article VI of...

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