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  5. 19 N.Y.2d 558 (1967)
 

MATTER OF 239, 243 & 247 CORP. v. GABEL

19 N.Y.2d 558 (1967)

In the Matter of 239, 243 and 247 Corp., Appellant, v. Hortense W. Gabel, as City Rent and Rehabilitation Administrator, Respondent, and Caroline Sandy et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided May 23, 1967.

Attorney(s) appearing for the Case

Copal Mintz and Max Steinberg for appellant.

Harry Michelson and Maurice A. Reichman for respondent.

Robert Sugerman for intervenors-respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI and BREITEL concur with Judge VAN VOORHIS; Judge KEATING dissents and votes to affirm in an opinion in which Judge BERGAN concurs.

VAN VOORHIS, J.

This article 78 proceeding is brought by a landlord to review a determination of the City Rent and Rehabilitation Administrator. The landlord has applied to remodel and renovate three old-law tenements (constructed in 1884) located at 239, 243 and 247 West 21st Street, Manhattan, on the basis that they are underoccupied. These premises contain 30 flats, which are proposed to be converted into...

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