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MATTER OF NEWPORT ASSOCS., INC. v. LEVENTHAL

50 A.D.2d 741 (1975)

In the Matter of Newport Associates, Inc., Respondent, v. Nathan Leventhal, as Commissioner of The Department of Rent and Housing Maintenance, Appellant

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

December 4, 1975

Stevens, P. J., dissents in the following memorandum:

I dissent and would reverse the judgment appealed from and dismiss the petition. What the landlord here did was merely renovate already existing but uninhabitable housing accommodations. Vacancy decontrol clearly applies only to "housing accommodations which become vacant on or after June 30, 1971 by voluntary surrender of possession" (New York City Rent,...

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