Carole Ann Realties, Inc. v. Starr

Appellate Division of the Supreme Court of New York

Carole Ann Realties, Inc. v. Starr

50 A.D.2d 851, 376 N.Y.S.2d 602, 1975 N.Y. App. Div. LEXIS 11728

Appellate Division of the Supreme Court of the State of New York·Decided December 22, 1975·Published

Opinion

— In an action for a declaratory judgment and injunctive relief, plaintiff appeals from an order and judgment of the Supreme Court, Kings County, dated May 6, 1975, which denied its motion for a preliminary injunction, granted defendants’ cross motion for summary judgment and declared that the service fee charged by the city rent agency to process 1974-1975 maximum base rent-maximum collectible rent (MBR-MCR) increase orders is a valid exercise of its power. Order and judgment affirmed, without costs. We find no merit to plaintiff’s claim that the city rent agency exceeded its authority in imposing a service charge to enable it to administer the MBR-MCR program of rent increases (Administrative Code of City of New York, §§ Y51-5.0, subd a, par [4]; Y51-5.0, subd g, par [1]). Rabin, Acting P. J., Hopkins, Martuscello, Brennan and Munder, JJ., concur.

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— In an action for a declaratory judgment and injunctive relief, plaintiff appeals from an order and judgment of the Supreme Court, Kings County, dated May 6, 1975, which denied its motion for a preliminary injunction, granted defendants’ cross motion for summary judgment and declared that the service fee charged by the city rent agency to process 1974-1975 maximum base rent-maximum collectible rent (MBR-MCR) increase orders is a valid exercise of its power. Order and judgment affirmed, without costs. We find no merit to plaintiff’s claim that the city rent agency exceeded its authority in imposing a service charge to enable it to administer the MBR-MCR program of rent increases (Administrative Code of City of New York, §§ Y51-5.0, subd a, par [4]; Y51-5.0, subd g, par [1]). Rabin, Acting P. J., Hopkins, Martuscello, Brennan and Munder, JJ., concur.

Carole Ann Realties, Inc. v. Starr, 50 A.D.2d 851, 376 N.Y.S.2d 602, 1975 N.Y. App. Div. LEXIS 11728 (N.Y. Ct. App. 1975).

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50 A.D.2d 851 (Carole Ann Realties, Inc. v. Starr) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.