8200 REALTY CORP. v. LINDSAY


27 N.Y.2d 124 (1970)

8200 Realty Corporation et al., Respondents, v. John V. Lindsay, as Mayor of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided July 1, 1970.


Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Norman Redlich, Stanley Buchsbaum, Eric J. Byrne, Harry Michelson, James Nespole and Phyllis J. Roberts of counsel), for appellants.

Arthur Richenthal, David Abrams and Irving M. Moss for respondents.

Bernard Botein, Howard L. Weinreich, Abraham M. Lindenbaum, Arthur Kramer, Martin A. Schwartz and Eve H. Goldstein for The Rent Stabilization Association, amicus curiae.

Maurice A. Reichman for Citizens' Housing and Planning Council of New York, Inc., amicus curiae.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, David Clurman and Sheldon Horowitz of counsel), amicus curiae.

Joseph Gaier and Martin A. Luster, amicus curiae.

Chief Judge FULD and Judges SCILEPPI, BREITEL, JASEN and GIBSON concur with Judge BERGAN; Judge BURKE dissents and votes to affirm on the opinion at the Appellate Division.


BERGAN, J.

The New York City Rent Stabilization Law of 1969 (Local Laws, 1969, No. 16 of City of New York) has been held invalid by the Appellate Division because, in the opinion of the court, it does not represent a valid exercise of the legislative authority of the city.*

The court was of opinion that the authority given to the...

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