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KERR v. URSTADT

72 Misc.2d 942 (1973)

Andrew P. Kerr, as New York City Housing and Development Administrator, et al., Petitioners, v. Charles J. Urstadt, as New York State Commissioner of Housing and Community Renewal, et al., Respondents, and Imperial Realty Co., Inc., Intervenor-Respondent. Imperial Realty Co., Inc., Plaintiff, v. City Rent Agency et al., Defendants.

Supreme Court, New York County, Individual Calendar.

January 16, 1973

Attorney(s) appearing for the Case

McLaughlin, Fougner & Messing (Robert S. Fouger of counsel), for Imperial Realty Co., Inc. Daniel W. Joy and Arthur Kass for New York City Housing and Development Administration and another. Harold Zucker for New York State Commissioner of Housing and Community Renewal. Louis J. Lefkowitz, Attorney-General (Stephen P. Seligman of counsel), for State of New York.

HAROLD BAER, J.

The instant proceedings involving identical parties and identical issues are consolidated and decided as follows:

In July of 1972 the plaintiff Imperial Realty Co., Inc., moved for summary judgment against the defendant City Rent Agency in an action for a declaratory judgment and injunction to invalidate and enjoin a blanket rule decreasing maximum rents in rent-controlled apartments...

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