Lincoln Plaza Associates v. Barbarisi

The petitioner moves herein pursuant to the provisions of CPLR 4404 (subd. [b]) for an order setting aside the determination previously made by me in this case (60 Misc 2d 100). Two principal grounds are ascribed: (a) That this court on trial erred as to the effective date of the Rent Stabilization Law of 1969 (Administrative Code of City of New York, ch. 51, tit. YY) — which it did; and (b) that the statute itself is unconstitutional.

The error as to the effective date will afford the petitioner no relief. Although the proceedings were commenced prior to the effective date of the local law,…