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KEW GARDENS v. RENT CONTROL

52 A.D.2d 55 (1976)

Kew Gardens Hills Housing Associates (Garage Units), Respondent, v. Office of Rent Control, Appellant

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

April 26, 1976

Attorney(s) appearing for the Case

Stephen H. Deutschmeister of counsel (Harry Michelson, attorney), for appellant.

Robert S. Fougner of counsel (McLaughlin & Fougner, attorneys), for respondent.

STEVENS, P. J., MARKEWICH, CAPOZZOLI and LYNCH, JJ., concur in Per Curiam opinion; KUPFERMAN, J., dissents in an opinion.

Per Curiam.

By memorandum decision of December 11, 1975 (50 A.D.2d 753), we reversed a judgment of Special Term that remanded this matter to the respondent to allocate separate garage rentals for those apartments of the petitioner enjoying the use of garages. We held that the remand was unnecessary because we interpreted the respondent's order that is the subject of this article 78...

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