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BENSON REALTY CORP. v. BEAME

50 N.Y.2d 994 (1980)

Benson Realty Corp. et al., Appellants, v. Abraham Beame, as Mayor of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 26, 1980.

Attorney(s) appearing for the Case

Wynne B. Stern, Jr., for appellants.

Arthur Kass, Harry Michelson and Esther Niderberg for Abraham Beame, as Mayor of the City of New York, and others, respondents.

Robert Abrams, Attorney-General (Daniel M. Cohen and Shirley Adelson Siegel of counsel), for John G. Heimann, as Commissioner of the New York State Division of Housing and Community Renewal, respondent, and in his statutory capacity pursuant to section 71 of the Executive Law.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be modified by substituting for its declaration and dismissal the declaration that the New York City Rent Control Law is constitutional, and, as so modified, the order should be affirmed.

While we agree that plaintiffs have not rebutted the presumption of constitutionality, the consequence of that failure is that defendants are entitled to a declaration of constitutionality...

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