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L.J.M. VENTURE NO. 1 v. JOY

105 Misc.2d 291 (1980)

In the Matter of L.J.M. Venture No. 1, Petitioner, v. Daniel W. Joy, as Commissioner of the Office of Rent and Housing Maintenance, Rent Control Division, Respondent.

Supreme Court, Special Term, New York County.

August 19, 1980.

Attorney(s) appearing for the Case

Rosenberg & Estis, P. C., for petitioner. Harry Michelson and Florence R. Zimmerman for respondent.

RICHARD W. WALLACH, J.

Section 18 of the Rent, Eviction and Rehabilitation Regulations of the City of New York provides that upon application of the landlord "the Administrator shall * * * order decontrol [of] a housing accommodation where he finds that the tenant in possession maintains his primary residence at some place other than at such housing accommodation." This CPLR article 78 proceeding challenges as arbitrary and capricious the denial by the...

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