MATTER OF COYLE v. GABEL


26 A.D.2d 638 (1966)

In the Matter of James J. Coyle, Jr., Appellant, v. Hortense W. Gabel, as City Rent and Rehabilitation Administrator, Respondent, and Arthur Goodman, Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 5, 1966


Judgment reversed on the law and the facts, without costs, petition granted and respondent Administrator directed forthwith to issue an order decontrolling the subject premises as of the date of renting to the intervenor-tenant.

Findings of fact inconsistent herewith are reversed, and new findings made as indicated herein. In our opinion, under the circumstances presented, the 1965 order of the Administrator was improperly made in light of the doctrine of res judicata...

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