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BROADWAY & 67TH v. CITY OF NY

100 A.D.2d 478 (1984)

Broadway & 67th St. Corporation, Respondent, v. City of New York et al., Appellants

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

April 10, 1984

Attorney(s) appearing for the Case

Arnold Stream of counsel (Francis F. Caputo with him on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for appellants.

Deborah E. Lans of counsel (Ira Lichtiger and Sandra L. Schpoont with her on the brief; Lans Feinberg & Cohen, attorneys), for respondent.

SILVERMAN, BLOOM and ALEXANDER, JJ., concur with FEIN, J.; KUPFERMAN, J. P., concurs in result only.

FEIN, J.

Plaintiff landlord has owned premises 121 West 67th Street, Manhattan, a rooming house, since 1945. During the years between 1945 and 1976 no application for rent control was ever made respecting the individual units. The apartments were all subject to a master lease held by an individual who apparently made no periodic efforts to raise the rents. In 1973, when plaintiff terminated the master lease...

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