MATTER OF SHAFER v. GABEL


16 N.Y.2d 513 (1965)

In the Matter of Harry Shafer et al., Doing Business as 6623 Ridge Co., et al., Appellants, v. Hortense W. Gabel, as City Rent and Rehabilitation Administrator, Respondent.

Court of Appeals of the State of New York.

Decided April 22, 1965.


Attorney(s) appearing for the Case

Robert S. Fougner for appellants.

Harry Michelson and Beatrice Shainswit for respondent.

Judges FULD, VAN VOORHIS, BURKE and SCILEPPI concur in MEMORANDUM; Judge BERGAN dissents and votes to affirm in an opinion in which Chief Judge DESMOND and Judge DYE concur.


MEMORANDUM:

The order of the Appellate Division and the judgment of Special Term should be reversed and the determination of the respondent annulled and the proceeding remanded to the Administrator for the purpose of adjusting the maximum rents to reflect a 6% return on the $435,000 purchase price, with costs of this proceeding in all courts.

Protest and court remit proceedings involving determination of adjustment...

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