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de MINICIS v. 148 E. 83RD ST.

15 N.Y.2d 432 (1965)

Mario de Minicis et al., Respondents, v. 148 East 83rd Street, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided May 27, 1965.

Attorney(s) appearing for the Case

William L. Messing for appellants.

William J. Condren and Alfred S. Holmes for respondents.

Judges FULD, VAN VOORHIS, BURKE and SCILEPPI concur with Judge DYE; Chief Judge DESMOND and Judge BERGAN dissent and vote to affirm upon the majority opinion at the Appellate Division.

DYE, J.

The novel question presented on this appeal turns upon the sufficiency of plaintiffs' complaint alleging a sixth cause of action wherein they seek to rescind a proprietary lease agreement made pursuant to a co-operative ownership plan that had been set up without prior compliance with the Emergency Housing Rent Control Law and the State Rent and Eviction Regulations (L. 1946, ch. 274, as amd., §...

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