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PARKER v. COUNCIL & APP BD

77 A.D.2d 307 (1980)

In the Matter of Jack Parker, Doing Business as Parman Co., Appellant, v. Conciliation and Appeals Board of the City of New York, Respondent

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

November 6, 1980

Attorney(s) appearing for the Case

Gary M. Rosenberg of counsel (Rosenberg & Estis, P. C., attorneys), for appellant.

William E. Rosen of counsel (Ellis S. Franke, attorney), for respondent.

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

MURPHY, P. J.

Four tenants filed complaints with the Conciliation and Appeals Board (CAB) that they were being overcharged for the installation and operation of air conditioners by the landlord Parman Co. (Parman). The latter had been charging a flat rate of $20 per month for each air conditioner installed. The CAB ruled in each case that it had previously set a charge of $98 per annum for a first unit for the...

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