AMSTERDAM-MANHATTAN, INC. v. CITY RENT & REHAB. ADMIN.


15 N.Y.2d 1014 (1965)

Amsterdam-Manhattan, Inc., Appellant, v. City Rent and Rehabilitation Administration, Respondent.

Court of Appeals of the State of New York.

Decided April 15, 1965.


Attorney(s) appearing for the Case

David W. Peck, Frederick A. Terry, Jr., John S. Allee and Cornelius B. Prior, Jr., for appellant.

Beatrice Shainswit for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, SCILEPPI and BERGAN. Judge VAN VOORHIS dissents in the following opinion.


Order affirmed, without costs, upon the opinion at Special Term.

VAN VOORHIS, J. (dissenting).

Rent control in New York City is no longer a war emergency measure, even though that be recited in the 1962 legislative enabling act. That recital is, as everybody knows, contrary to fact. If rent control is to be retained, it must have some other constitutional basis. The validity of rent control, as it exists today, must be tested by whether it is...

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