PARKCHESTER MGT v. RENT ASSN.


56 A.D.2d 402 (1977)

In the Matter of Parkchester Management Corp., Appellant, v. Rent Stabilization Association of New York, Inc., et al., Respondents, and Parkchester Tenants' Association, Intervenor-Respondent

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

March 24, 1977


Attorney(s) appearing for the Case

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

Abraham M. Lindenbaum of counsel (Lindenbaum & Young, attorneys), for Rent Stabilization Association, respondent.

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

Ronald E. Sternberg of counsel (L. Kevin Sheridan with him on the brief, W. Bernard Richland, Corporation Counsel), for Housing and Development Administration, respondent.

Kent Karlsson of counsel (Cammer & Karlsson, attorneys), for intervenor-respondent.

STEVENS, P. J., CAPOZZOLI and MARKEWICH, JJ., concur in Per Curiam opinion; BIRNS and SILVERMAN, JJ., dissent in an opinion by SILVERMAN, J.


Per Curiam.

The leases in question were executed prior to May 29, 1974. They were renewal leases for a period of 31 months (extended by the Conciliation and Appeals Board [CAB] for an additional five-month period) and provided for graduated rent increases. CAB's determination required that during the extension period the rent be reduced to the "averaged rent" in the lease and that any renewal commencing thereafter...

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