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MATTER OF ELM REALTY, INC. v. OFFICE OF RENT CONTROL

54 N.Y.2d 650 (1981)

In the Matter of Elm Realty, Inc., et al., Respondents, v. Office of Rent Control, Appellant.

Court of Appeals of the State of New York.

Decided June 29, 1981.

Attorney(s) appearing for the Case

Alan W. Ginsberg and Harry Michelson for appellant.

John V. Salierno and Martin A. Wein for respondents.

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

MEMORANDUM.

The order of the Appellate Division should be modified by reinstating the rent commissioner's determination relating to Elm Realty, Inc., and the petitioner Visco insofar as the commissioner directed Visco to repay illegally collected rent.

With respect to Elm Realty, Inc., the commissioner did not misconstrue the statute (Administrative Code of City of New York, § Y51-11.0, subd b, par [2], cl [a...

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