MATTER OF ALABAU v. STATE OF NEW YORK DIV. OF HOUS. & CMTY. RENEWAL


26 N.Y.2d 917 (1970)

In the Matter of Frank Alabau et al., Respondents, v. State of New York Division of Housing and Community Renewal et al., Appellants.

Court of Appeals of the State of New York.

Decided April 9, 1970.


Attorney(s) appearing for the Case

Harold Zucker and Robert E. Herman for appellants.

No appearance for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.


MEMORANDUM.

The order of the Appellate Division, Second Department, should be reversed and the determination of the Commissioner reinstated. The record reveals the existence of facts sufficient to support the conclusion that there was a rational basis for the Commissioner's finding that the landlord's application for a certificate of eviction was not made in good faith. The apartment sought by the landlord consisted of three...

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