MTR. OF ESS PEE BEE REALTY CORP. v. GABEL


22 A.D.2d 207 (1964)

In the Matter of Ess Pee Bee Realty Corp., Appellant, v. Hortense W. Gabel, as City Rent and Rehabilitation Administrator, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 15, 1964.


Attorney(s) appearing for the Case

Robert S. Fougner of counsel (McLaughlin, Fougner & Messing, attorneys), for appellant.

Florence R. Zimmerman of counsel (Beatrice Shainswit, attorney), for respondent.

BREITEL, J. P., STEVENS and STEUER, JJ., concur with RABIN, J.; McNALLY, J., dissents in opinion.


RABIN, J.

Petitioner landlord commenced an article 78 proceeding at Special Term to review a determination of the City Rent Administrator who denied it a rent increase. The increase was sought pursuant to section Y51-5.0 (subd. g, par. [1]) of the Administrative Code of the City of New York (which provides for the granting of an increase where the property yields a net annual return of less than 6%). The denial...

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