MATTER OF ALTER v. ALTMAN


36 A.D.2d 948 (1971)

In the Matter of Jack Alter et al., Appellants, v. Benjamin Altman, as Commissioner of The Department of Rent and Housing Maintenance, et al., Respondents

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

May 3, 1971


No opinion.

Martuscello, J., dissents in part and votes to annul so much of the determination as granted an increase in garage rentals, with the following memorandum:

I find it unfair that the result of this determination permits the landlord to charge tenants $46 a month for garage space and non-tenants $40. Such an inconsistency should not be permitted. The solution is to permit garage rental increases to be granted only by the Bureau of Consumer...

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