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MATTER OF PHILBERN REALTY CORP. v. HERMAN

12 N.Y.2d 726 (1962)

In the Matter of Philbern Realty Corp., Appellant, v. Robert E. Herman, as State Rent Administrator, Respondent.

Court of Appeals of the State of New York.

Decided October 25, 1962.

Attorney(s) appearing for the Case

Robert S. Fougner and Bernard Buchwald for appellant.

Robert Sugerman and Harold Zucker for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER. Judges FROESSEL and VAN VOORHIS dissent in the following opinion.

Order affirmed, with costs.

FROESSEL and VAN VOORHIS, JJ. (dissenting).

The State Rent Commission possesses broad powers with respect to the maintenance by landlords of "essential services" to tenants. These are defined by statute to be such as were furnished as of the date of the issuance of the order adjusting the maximum rent (Emergency Housing Rent Control Law, § 4, subd. 4). Where any of these are withdrawn, the Rent Commission...

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