MTR. OF COLIN v. ALTMAN


39 A.D.2d 200 (1972)

In the Matter of Henri Colin, Respondent, v. Benjamin Altman, as Commissioner of Rent and Housing Maintenance, Appellant

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

June 20, 1972.


Attorney(s) appearing for the Case

Morton Fried of counsel (Harry Michelson with him on the brief; Daniel W. Joy, attorney), for appellant.

Abraham A. Katz of counsel (Katz & Katz, attorneys), for respondent.

STEVENS, P. J., and MURPHY, J., concur; EAGER and CAPOZZOLI, JJ., dissent and would affirm on the opinions of BAER, J., at Special Term.


STEUER, J.

The petitioner herein sought a certificate of eviction for the tenant of an apartment in the building located at 130 West 112th Street. Respondent Rent Commissioner denied the request. This action to review that determination in an article 78 proceeding followed. Special Term granted the petition.

The building is owned by 130 West 112th Street Corp., all the stock of which is owned by the petitioner...

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