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LA GUARDIA v. CAVANAUGH

53 N.Y.2d 67 (1981)

Mildred La Guardia, Respondent, v. Robert Cavanaugh, Appellant.

Court of Appeals of the State of New York.

Decided June 4, 1981.

Attorney(s) appearing for the Case

Edward C. Wallace, Bernard C. Durham, Kalman Finkel and James Francis for appellant.

Gary M. Rosenberg, Robert M. Goldstein, Warren A. Estis and Sherwin Belkin for respondent.

Judges JASEN, JONES, and WACHTLER concur with Judge FUCHSBERG; Judge MEYER dissents and votes to reverse in a separate opinion in which Chief Judge COOKE and Judge GABRIELLI concur.

FUCHSBERG, J.

This appeal calls upon us to say whether the effect of the State's enactment of chapter 576 of the Laws of 1974, including its section 4 (Emergency Tenant Protection Act of 1974), was to extend "rent stabilization" to tenants residing in class B multiple dwellings in New York City. Needless to say, in doing so, our duty is neither to expand nor contract rent regulation, nor, for that matter, to impose...

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