From Casetext: Smarter Legal Research

Matter of Gerber v. Berman

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1968
30 A.D.2d 965 (N.Y. App. Div. 1968)

Opinion

October 14, 1968


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.


Summaries of

Matter of Gerber v. Berman

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1968
30 A.D.2d 965 (N.Y. App. Div. 1968)
Case details for

Matter of Gerber v. Berman

Case Details

Full title:In the Matter of LAWRENCE GERBER, Respondent, v. FREDERIC S. BERMAN, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 14, 1968

Citations

30 A.D.2d 965 (N.Y. App. Div. 1968)