SWIFT v. 130 W. 57TH CORP.


26 N.Y.2d 714 (1970)

Allen Swift et al., Appellants, v. 130 West 57th Corporation, Respondent.

Court of Appeals of the State of New York.

Decided January 22, 1970.


MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to Supreme Court, New York County, for a new trial on the first cause of action, with costs to abide the event. Although it is always salutary to have the prior benefit of the regulatory determination of the City Rent Agency, the trial court was empowered and, therefore, was required to determine whether the entire apartment was subject...

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