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CENTURY CORP v. POPOLIZIO

60 N.Y.2d 483 (1983)

In the Matter of Century Operating Corporation, Appellant, v. Emanuel Popolizio, as Chairman of the New York City Conciliation and Appeals Board, Respondent.

Court of Appeals of the State of New York.

Decided December 20, 1983.

Attorney(s) appearing for the Case

Jeffrey L. Braun, Elizabeth A. Shollenberger, Perry L. Lubov and Susan J. Schwartz for appellant.

Mary Ellen Cronly and Ellis S. Franke for respondent.

Judges JASEN, JONES and MEYER concur with Judge KAYE; Judge SIMONS dissents and votes to affirm in a separate opinion in which Chief Judge COOKE and Judge WACHTLER concur.

KAYE, J.

In December, 1965, while the Lincoln Towers complex in Manhattan was still incomplete, Maurice Rosenberg signed a three-year lease for an apartment there. His lease included a "modification-of-lease rider" containing a two-month rent concession which he received at the outset of his tenancy. Several lease renewals later, Rosenberg complained to the Conciliation and Appeals Board (CAB), of which respondent...

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