East 12th Associates, Inc. v. Leventhal

Judgment, Supreme Court, New York County, entered September 11, 1973, unanimously reversed, on the law, without costs and without disbursements, and vacated, and petitioner’s application to annul and modify a determination of the respondent Commissioner of the Department of Rent and Housing Maintenance, which established rents for two apartments and directed refunds of claimed overcharges, is granted. The clerk is directed to enter judgment in favor of petitioner-appellant- accordingly. A renovation actually made, coupled with lawful occupancy, casts into a free market the establishment of…