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MONTALBANO v. De LUZIO

39 Misc.2d 834 (1963)

James Montalbano et al., Respondents, v. Orillo De Luzio et al., Appellants.

Supreme Court, Appellate Term, Second Department.

May 23, 1963

Attorney(s) appearing for the Case

Barney Hellman and Aaron Maze for appellants. Lester Grossman for respondents.

Concur — HART, BROWN and BENJAMIN, JJ.

Per Curiam.

The determination of the City Rent and Rehabilitation Administration, based upon a physical inspection, as to the number of rooms occupied by the tenants was binding upon the trial court. (City Rent, Eviction and Rehabilitation Regulations, § 36, subd. a; Barbee v. 2639 Corp., 284 App. Div. 298; Serxner v. Elgart, 196 Misc. 1053, 1056.) The maximum rent could be increased only by order of the...

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