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MATTER ANNE SLOTE v. FREDERIC S. BERMAN (06/12/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT


June 12, 1969

IN THE MATTER OF ANNE SLOTE, APPELLANT,
v.
FREDERIC S. BERMAN, AS COMMISSIONER OF THE DEPARTMENT OF RENT AND HOUSING MAINTENANCE OF THE CITY OF NEW YORK, RESPONDENT, AND CAROL BOYER, INTERVENOR-RESPONDENT

Concur -- Stevens, P. J., Eager, Tilzer, Markewich and Steuer, JJ.

Although we conclude that the landlord believed that the accommodations were decontrolled and in good faith sought a determination of decontrol, we conclude that the accommodations, although decontrolled by the 1947 Federal Housing and Rent Act (61 U. S. Stat. 198; § 204, subd. [b]) as premises subjected to a valid written lease, were recontrolled by the Federal 1949 amendatory act (63 U. S. Stat. 22; § 204, subd. [b], par. [3]).

Disposition

Judgment unanimously affirmed, without costs and disbursements.

19690612

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