MATTER OF E. 56TH PLAZA, INC. v. NEW YORK CITY CONCILIATION & APPEALS BD.


56 N.Y.2d 544 (1982)

In the Matter of East 56th Plaza, Inc., Respondent, v. New York City Conciliation and Appeals Board, Appellant.

Court of Appeals of the State of New York.

Decided March 25, 1982.


Attorney(s) appearing for the Case

Cullen S. McVoy, Ellis S. Franke and William E. Rosen for appellant.

David Abrams and Arthur Richenthal for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and FUCHSBERG concur in memorandum; Judges GABRIELLI and MEYER dissent and vote to affirm for reasons stated in the opinion by Justice JOSEPH P. SULLIVAN at the Appellate Division ().


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court, New York County, reinstated.

Section 60 of the Code of the Real Estate Industry Stabilization Association of New York City requires the landlord to offer the tenant renewal of the lease on the same terms except for authorized rent increases. Subdivision 7 of section 61 of the code creates an additional...

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