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MATTER OF E. 53RD INC. v. GABEL

16 N.Y.2d 521 (1965)

In the Matter of East 53rd Inc., Appellant, 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

Jack Newton Lerner for appellant.

Florence R. Zimmerman 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 should be reversed, the order of Special Term reinstated and the proceeding remanded to the Administrator for the purpose of determining the matter in accordance with the State rent control statute and State Administrator's Regulations in effect prior to June 30, 1961, with costs in this court and in the Appellate Division. (See Matter of Schreiber v. McGoldrick, 283...

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