Swift v. 130 West 57th Corp.

Memorandum. The order of the Appellate Division should be reversed and the case remitted to Supreme Court, New York County, for a new trial on the first cause of action, with costs, to abide the .event. Although it is always salutary to have the prior benefit of the regulatory determination of the City Rent Agency, the trial court was empowered and, therefore, was required to determine whether the entire apartment was subject to rent control. If, in fact, the subject premises (13B-14D) had been theretofore divided so that on February 1, 1947 apartment 14D was independently devoted to a…