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PEO. EX REL. RENT ADM. v. MORGEN.

79 Misc.2d 803 (1974)

The People of the State of New York ex rel. Office of Rent Administration Division of Housing and Community Renewal, Plaintiff, v. Henry J. Morgenthaler, Defendant.

Supreme Court, Special Term, Nassau County.

November 15, 1974

Attorney(s) appearing for the Case

Robert E. Herman for plaintiff. Alvan S. Hutchinson, Jr., for defendant.

BERTRAM HARNETT, J.

This case examines for purposes of rent decontrol the distinction between an owner's occupancy of an apartment as opposed to his acquisition of it for possession.

Henry J. Morgenthaler owns a rent controlled building in Oyster Bay. He evicted an apartment tenant by obtaining a certificate of eviction on December 18, 1972 upon his representation that he intended to occupy the apartment...

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