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MATTER OF ESS PEE BEE REALTY CORP. v. GABEL

16 N.Y.2d 524 (1965)

In the Matter of Ess Pee Bee Realty Corp., Respondent, v. Hortense W. Gabel, as City Rent and Rehabilitation Administrator, Appellant.

Court of Appeals of the State of New York.

Decided April 22, 1965.

Attorney(s) appearing for the Case

Florence R. Zimmerman and Beatrice Shainswit for appellant.

Robert S. Fougner for respondent.

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

MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the majority opinion at the Appellate Division.

BERGAN, J. (dissenting).

We are dealing with two separate applications for two different rent increases, at periods two years apart, to be effective at different times. Even if there were no statutory...

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