Legal Opinion
11th Co. v. Joy
New York Supreme Court
Decided November 14, 1977PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Hilda G. Schwartz, J.
Petitioner moves for an order pursuant to CPLR article 78 annulling respondent commissioner’s order of July 1, 1977 and determining that the subject apartment is not covered by the Rent Stabilization Association’s code.
The Emergency Tenant Protection Law of 1974 (L 1974, ch 576, § 4) provided that previously vacancy decontrolled apartments are recontrolled and their owners must register with the Rent Stabilization Association ("RSA”) except if they are situated "in a building containing fewer than six dwelling units” (§ 5, subd a, par [4], cl [a]).
Petit…
2Cases cited4 opinions
- Matter of Mounting Finishing Co. v. McGoldrickNew York Court of Appeals · 1945
- Colton v. BermanNew York Court of Appeals · 1967
- MTR. OF FIRST TERRACE GARDENS v. McGoldrickNew York Court of Appeals · 1956
- Schmeidler v. Punia & Marx, Inc.New York Court of Appeals · 1974
3Cited by1 opinion
- Bambeck v. State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1987