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MATTER OF JUXBUSH REALTY CORP. v. STATE RENT COMM.

282 A.D. 237 (1953)

In the Matter of Juxbush Realty Corp., Appellant, v. Temporary State Housing Rent Commission, Respondent

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

June 30, 1953.

Attorney(s) appearing for the Case

Samuel Taylor Permutt of counsel (Mandel & Permutt, attorneys), for appellant.

Beatrice Shainswit of counsel (Robert H. Schaffer, attorney), for respondent.

COHN and BERGAN, JJ., concur with DORE, J. P.; CALLAHAN, J., dissents and votes to affirm in memorandum; BREITEL, J., dissents and votes to remit, in opinion.

DORE, J. P.

In this proceeding under article 78 of the Civil Practice Act to review a determination of the State Rent Commission, reversing a determination of the local rent administrator, permitting conversion of passenger elevators in an apartment building upon certain conditions, the State Rent Commission has taken the position as a matter of policy that when a landlord or his predecessor has obtained an increase...

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