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903 PARK AVE. v. CITY RENT AGENCY

31 N.Y.2d 330 (1972)

903 Park Avenue Corp., Appellant, v. City Rent Agency, Respondent.

Court of Appeals of the State of New York.

Reargued September 25, 1972.

Decided November 3, 1972.

Attorney(s) appearing for the Case

Robert S. Fougner for appellant.

J. Lee Rankin, Corporation Counsel (Edmund B. Hennefeld and Stanley Buchsbaum of counsel), for respondent.

Norman Redlich, Corporation Counsel (Edmund B. Hennefeld and Stanley Buchsbaum of counsel), for respondent.

Judges BURKE, BERGAN and GIBSON concur with Chief Judge FULD; Judge BREITEL dissents and votes to reverse on the merits in a separate opinion in which Judges SCILEPPI and JASEN concur.

Chief Judge FULD.

Effective June 1, 1971, the State of New York enacted chapter 372 of the Laws of 1971. After sanctioning continued rent control by cities having a population of a million or more, chapter 372 went on to prohibit the enactment of any local law controlling rents which contains provisions "more stringent or restrictive" than provisions "presently in effect...

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