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PARK OF EDGEWATER v. JOY

68 A.D.2d 107 (1979)

Park of Edgewater, Inc., Appellant, v. Daniel W. Joy, as Commissioner of The Housing Preservation and Development Administration, Office of Rent and Housing Maintenance, Division of Rent Control, Respondent

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

May 15, 1979

Attorney(s) appearing for the Case

Edward J. Freeman of counsel (Robert G. O'Donnell with him on the brief; Kent, Hazzard, Jaeger, Freeman, Greer & Wilson, attorneys), for appellant.

Alan W. Ginsberg of counsel (Harry Michelson, attorney), for respondent.

SANDLER, J. P., and SULLIVAN, J., concur with LUPIANO, J.; SILVERMAN and ROSS, JJ., dissent in an opinion by SILVERMAN, J.

LUPIANO, J.

Petitioner, a domestic corporation, is fee owner of certain real property at Edgewater Park, Bronx County. The real property parcel, which is the subject of this proceeding, was vacant land at the time of its original renting prior to May 1, 1950. The original tenant was permitted to and did, in fact, construct his own one-family building upon this parcel, which he thereafter occupied. On or about...

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