Legal Opinion · Concurrence

Windsor Park Tenants' Ass'n v. New York City Conciliation & Appeals Board

Appellate Division of the Supreme Court of the State of New York

Decided August 29, 1977Published

1Concurrence

Hawkins, J. (concurring).

I concur in the majority’s conclusion to affirm.

In my view, Special Term properly confined its reasoning to the quintessential issue: are the respondent tenants to be accorded a reasonable opportunity, and at their own expense, to have their own accountants and attorneys examine the appellant landlord’s books and records. There would then follow a further hearing by the Conciliation and Appeals Board (CAB), a coappellant, a creature of the Rent Stabilization Law.

Having affirmed the determination that the tenants of this vast apartment house complex are entitled to an…

2Cases cited13 opinions

  1. Goldberg v. KellySupreme Court of the United States · 1970
  2. Yakus v. United StatesSupreme Court of the United States · 1944
  3. A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
  4. Bowles v. WillinghamSupreme Court of the United States · 1944
  5. Carter v. Carter Coal Co.Supreme Court of the United States · 1936

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