378 REALTY CORP. v. N. Y. C. RENT ADM.


39 Misc.2d 30 (1963)

378 Realty Corp. et al., Plaintiffs, v. New York City Rent and Rehabilitation Administration et al., Defendants.

Supreme Court, Special Term, New York County.

May 3, 1963


Attorney(s) appearing for the Case

Harris L. Present and Freedman & Lilienthal (Irving S. Freedman of counsel), and Dickstein, Shapiro & Galligan (Arthur J. Galligan of counsel), for plaintiffs. Beatrice Shainswit and Florence R. Zimmerman for defendants.


THOMAS A. AURELIO, J.

Defendants move pursuant to rule 112 of the Rules of Civil Practice for judgment on the pleadings or in the alternative granting declaratory judgment in favor of the defendants pursuant to rule 113. Plaintiffs cross-move for summary judgment in their favor. The action is brought for a declaration that so much of section 2 (subd. 2, par. [b]) of the Emergency Housing Rent Control Law (L. 1946, ch. 274, as amd. by L. 1950, ch. 250...

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