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  5. 41 N.Y.2d 963 (1977)
 

KEW GARDENS HILLS HOUS. ASSOCS. v. OFFICE OF RENT CONTROL

41 N.Y.2d 963 (1977)

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

Court of Appeals of the State of New York.

Decided March 31, 1977.

Attorney(s) appearing for the Case

Robert S. Fougner for appellant.

Stephen H. Deutschmeister and Harry Michelson for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur in memorandum; Judge WACHTLER taking no part.

MEMORANDUM.

We do not agree that there is a rational basis for respondent's order here challenged. Without passing on the validity of any future claims of landlords for additional rent for such items as furniture, terraces, fireplaces and second bathrooms for which respondent alleges similar challenges may be made (cf. Matter of Plaza Mgt. Co. v City Rent Agency, 48 A.D.2d 129, affd 37 N.Y.2d 837

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