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AXELROD v. STARR

52 A.D.2d 232 (1976)

Bernard M. Axelrod et al., as Trustees under The Will of Charles Axelrod, Deceased, Appellants, v. Roger Starr, as Administrator of The Housing and Development Administration of New York City, et al., Respondents

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

May 13, 1976

Attorney(s) appearing for the Case

Wynne B. Stern, Jr., of counsel (Fellner & Rovins, attorneys), for appellants.

Bernard Burstein of counsel (L. Kevin Sheridan with him on the brief; W. Bernard Richland, Corporation Counsel), for Roger Starr, respondent.

Joseph B. Goldman for Conciliation and Appeals Board, respondent.

MARKEWICH, J. P., and BIRNS, J., concur with SILVERMAN, J.; MURPHY and LANE, JJ., dissent in an opinion by LANE, J.

SILVERMAN, J.

This is an action for a declaratory judgment declaring that certain properties owned by plaintiffs are not subject to the New York City Rent Stabilization Law (Administrative Code of City of New York, § YY51-1.0 et seq.). Special Term denied plaintiffs' motion for summary judgment and entered judgment declaring the plaintiffs' premises to be subject to the guidelines established by the...

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