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MTR OF 11TH CO. v. JOY

92 Misc.2d 664 (1977)

In the Matter of 11th Company, Petitioner, v. Daniel W. Joy, as Commissioner of the Department of Rent and Housing Maintenance, Respondent.

Supreme Court, Special Term, New York County.

November 14, 1977

Attorney(s) appearing for the Case

Lerner & Franquinha for petitioner. Harry Michelson and Florence R. Zimmerman for respondent.

HILDA G. SCHWARTZ, J.

Petitioner moves for an order pursuant to CPLR article 78 annulling respondent commissioner's order of July 1, 1977 and determining that the subject apartment is not covered by the Rent Stabilization Association's code.

The Emergency Tenant Protection Law of 1974 (L 1974, ch 576, § 4) provided that previously vacancy decontrolled apartments are recontrolled and their owners must register with the Rent Stabilization Association...

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