MATTER OF BOSS v. Caputa

New York Court of Appeals

MATTER OF BOSS v. Caputa

171 N.E.2d 892, 8 N.Y.2d 1127

New York Court of Appeals·Decided November 30, 1960·Published

Opinion

Order affirmed, with costs to the State Rent Administrator: no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld and Foster. Judges Froessbl, Van Voorhis and Burke dissent and vote to reverse in the following memorandum: We find ourselves unable to acquiesce in this inconsistent approach to decontrol, whereby the upper and lower portions of a single building, renovated as part of one over-all scheme, are severed and treated differently for purposes of decontrol. The statute when fairly read in the light of the salutary policy which impelled its enactment dictates that full decontrol should be here granted.

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Order affirmed, with costs to the State Rent Administrator: no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld and Foster. Judges Froessbl, Van Voorhis and Burke dissent and vote to reverse in the following memorandum: We find ourselves unable to acquiesce in this inconsistent approach to decontrol, whereby the upper and lower portions of a single building, renovated as part of one over-all scheme, are severed and treated differently for purposes of decontrol. The statute when fairly read in the light of the salutary policy which impelled its enactment dictates that full decontrol should be here granted.

MATTER OF BOSS v. Caputa, 171 N.E.2d 892, 8 N.Y.2d 1127 (N.Y. 1960).

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171 N.E.2d 892 (MATTER OF BOSS v. Caputa) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.