Gerber v. Berman

Appellate Division of the Supreme Court of New York

Gerber v. Berman

30 A.D.2d 965, 295 N.Y.S.2d 410, 1968 N.Y. App. Div. LEXIS 3197

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 14, 1968

StatusPublished

This text of 30 A.D.2d 965 (Gerber v. Berman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gerber v. Berman, 30 A.D.2d 965, 295 N.Y.S.2d 410, 1968 N.Y. App. Div. LEXIS 3197 (N.Y. Ct. App. 1968).

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Opinion

In a proceeding pursuant to CPLR article 78 to annul an order of the New York City Rent and Rehabilitation Administrator, the Administrator appeals from a judgment of the Supreme Court, Kings County, dated August 3, 1966, which granted the petition and directed appellant to issue an order decontrolling certain housing accommodations. Judgment reversed, on the law, proceeding dismissed on the merits and appellant’s order confirmed, with $10 costs and disbursements. No questions of fact were considered. In our opinion, petitioner is not possessed of any interest so vested as to render invalid any legislation which results in the loss of his exemption from rent control (Matter of Betty Lowne Realty Corp. v. Gabel, 25 A D 2d 718; Matter of Ritorto v. City Rent & Rehabilitation Administration, 25 A D 2d 496; Teeval Co. v. Stern, 301 N. Y. 346). Beldock, P. J., Christ, Brennan, Benjamin and Martuscello, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to annul an order of the New York City Rent and Rehabilitation Administrator, the Administrator appeals from a judgment of the Supreme Court, Kings County, dated August 3, 1966, which granted the petition and directed appellant to issue an order decontrolling certain housing accommodations. Judgment reversed, on the law, proceeding dismissed on the merits and appellant’s order confirmed, with $10 costs and disbursements. No questions of fact were considered. In our opinion, petitioner is not possessed of any interest so vested as to render invalid any legislation which results in the loss of his exemption from rent control (Matter of Betty Lowne Realty Corp. v. Gabel, 25 A D 2d 718; Matter of Ritorto v. City Rent & Rehabilitation Administration, 25 A D 2d 496; Teeval Co. v. Stern, 301 N. Y. 346). Beldock, P. J., Christ, Brennan, Benjamin and Martuscello, JJ., concur.

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Bluebook (online)

30 A.D.2d 965, 295 N.Y.S.2d 410, 1968 N.Y. App. Div. LEXIS 3197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerber-v-berman-nyappdiv-1968.

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