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TENANTS' ASSN. v. APPEALS BD.

59 A.D.2d 121 (1977)

In the Matter of Windsor Park Tenants' Association et al., Respondents, v. New York City Conciliation and Appeals Board et al., Appellants

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

August 29, 1977

Attorney(s) appearing for the Case

Ellis S. Franke (William E. Rosen of counsel), for New York City Conciliation and Appeals Board, appellant.

McLaughlin & Fougner (Robert S. Fougner of counsel), for Windsor Park Associates, appellant.

Cammer & Karlsson (Kent Karlsson of counsel), for respondents.

HOPKINS, J. P., and SUOZZI, J., concur with SHAPIRO, J.; HAWKINS, J., concurs in the result, with an opinion.

SHAPIRO, J.

The New York City Conciliation and Appeals Board (CAB), granted the respondent landlord, Windsor Park Associates, a 6.31% building-wide comparative hardship rent increase under the New York City Rent Stabilization Law. In CPLR article 78 proceeding instituted by the petitioners (the tenants and their association) Special Term granted the petition to the extent of remanding the proceeding to the CAB...

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