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300 W. 154TH ST. REALTY v. DEPT. OF BLDGS.

30 A.D.2d 351 (1968)

In the Matter of 300 West 154th Street Realty Co., Appellant, v. Department of Buildings of the City of New York, Respondent

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

July 11, 1968.

Attorney(s) appearing for the Case

George Sassower of counsel (Sassower & Sassower, attorneys), for appellant.

Alfred Weinstein of counsel (Stanley Buchsbaum and Paul Wexler with him on the brief; J. Lee Rankin, Corporation Counsel, attorney), for respondent.

CAPOZZOLI and McNALLY, JJ., concur with STEVENS, J. P.; STEUER, J., dissents in opinion, in which EAGER, J., concurs.

STEVENS, J. P.

Petitioner appeals from a judgment entered November 9, 1967, dismissing its petition.

This is an article 78 proceeding to declare unconstitutional the "Emergency Repair Program" insofar as it authorizes respondent to make repairs without the permission and consent of the landlord or lienors, and to collect the rents in payment therefor, should landlord fail to reimburse the City of New...

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