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RUMICHE CORP. v. EISENREICH

40 N.Y.2d 174 (1976)

Rumiche Corp., Respondent, v. Charles Eisenreich, Appellant.

Court of Appeals of the State of New York.

Decided June 17, 1976.

Attorney(s) appearing for the Case

Susan Rowley and Kent Karlsson for appellant.

M. Bruce Solomon for respondent.

Judges GABRIELLI, JONES and WACHTLER concur with Judge FUCHSBERG; Judge COOKE dissents and votes to affirm in a separate opinion in which Chief Judge BREITEL and Judge JASEN concur.

FUCHSBERG, J.

The issue is whether certain repairs and alterations made by a tenant to his rent-controlled apartment constitute grounds for eviction under the provisions of subdivision a of section 52 of the New York City Rent, Eviction and Rehabilitation Regulations.

The Civil Court of the City of New York granted the landlord's petition for eviction; the Appellate Term and the Appellate Division, successively...

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