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Legal Opinion

Fallon v. New York State Division of Housing & Community Renewal

New York Supreme Court

Decided April 16, 1992Published

1Opinion of the Court

OPINION OF THE COURT

Edwin Kassoff, J.

This is a motion by plaintiffs, tenants of certain garden apartments located in Queens County, for summary judgment declaring that section 26-511 (c) (9) (b) of the Rent Stabilization Law (RSL; Administrative Code of City of New York, tit 26, ch 4) is violative of the Equal Protection and Due Process Clauses of the NY Constitution and more particularly, article I, §§ 6 and 11 thereof. Defendants, owners of the individual units, and the Division of Housing and Community Renewal (hereinafter DHCR) cross-move for summary judgment dismissing the complaint and…

2Cases cited17 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  3. City of New Orleans v. DukesSupreme Court of the United States · 1976
  4. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  5. Lanza v. WagnerNew York Court of Appeals · 1962

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