Legal Opinion
Benson Realty Corp. v. Beame
New York Court of Appeals
Decided June 26, 1980PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be modified by substituting for its declaration and dismissal the declaration that the New York City Rent Control Law is constitutional, and, as so modified, the order should be affirmed.
While we agree that plaintiffs have not rebutted the presumption of constitutionality, the consequence of that failure is that defendants are entitled to a declaration of constitutionality (Lanza v Wagner, 11 NY2d 317, 334).
Plaintiffs attack the New York City Rent Control Law on the grounds that there is no longer an emergency after 36…
2Cases cited1 opinion
- Lanza v. WagnerNew York Court of Appeals · 1962
3Cited by20 opinions
- Nys Law Enforcement Employees v. CuomoNew York Court of Appeals · 1984
- Friarton Estates Corp. v. City of New York (In Re Friarton Estates Corp.)United States Bankruptcy Court, S.D. New York · 1986
- State v. Strong Oil Co.New York Supreme Court · 1980
- Hernandez v. RoblesNew York Supreme Court · 2005
- Hudson View Properties v. WeissCivil Court of the City of New York · 1980
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