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850 CO. v. SCHWARTZ

21 A.D.2d 441 (1964)

850 Company, Respondent, v. Adele M. Schwartz et al., Appellants

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

June 25, 1964.

Attorney(s) appearing for the Case

Jack Newton Lerner for appellants.

Gerald Blum of counsel (Bergner & Bergner, attorneys), for respondent.

BREITEL, J. P., EAGER and STALEY, JJ., concur in Per Curiam opinion; STEUER, J., dissents, in opinion in which VALENTE, J., concurs.

Per Curiam.

This proceeding was instituted in the Supreme Court on December 3, 1963, pursuant to the provisions of subdivision (c) of section 2 of the Emergency Business Space Rent Control Law (L. 1945, ch. 314, as amd.), for a judgment declaring that the building at 850 Seventh Avenue, New York City, constituted "business space" and fixing the emergency rent for tenant occupied suites and units in the building, including...

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