MATTER OF DEPT. OF BLDGS. OF CITY OF N. Y.


14 N.Y.2d 291 (1964)

In the Matter of the Department of Buildings of the City of New York, Respondent; Philco Realty Corp. et al., Appellants.

Court of Appeals of the State of New York.

Decided June 4, 1964.


Attorney(s) appearing for the Case

Harry Krauss for appellants.

Leo A. Larkin, Corporation Counsel (Robert E. Hugh, John F. Kelly and John A. Murray of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, BURKE, SCILEPPI and BERGAN concur with Judge FULD; Judge VAN VOORHIS concurs in a separate opinion.


FULD, J.

Acting under the authority of the so-called 1962 Receivership Law (Multiple Dwelling Law, § 309, as amd. by L. 1962, ch. 492), the Department of Buildings of the City of New York, the respondent herein, petitioned for and obtained an order from the Supreme Court designating the Commissioner of Real Estate as receiver of the rents, issues and profits of the premises located at 221 West 21st Street...

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