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MATTER OF ROTHAM REALTY CO. v. GABEL

16 N.Y.2d 517 (1965)

In the Matter of Rotham Realty Co., Appellant, v. Hortense W. Gabel, as City Rent and Rehabilitation Administrator, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 22, 1965.

Attorney(s) appearing for the Case

Robert S. Fougner for appellant.

Florence R. Zimmerman and Beatrice Shainswit for City Rent and Rehabilitation Administrator, 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 should be reversed and the order of Special Term reinstated, with costs of this proceeding in this court and in the Appellate Division.

The law in effect at the time of the Local Rent Administrator's order which the protest and court remit proceedings are designed to review should have been applied. (See Matter of Schreiber v. McGoldrick, 283 App. Div. 779, affd...

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