Comir Realty Co. v. Berman — 29 A.D.2d 965

Majority

p. 965

In the Matter of Comir Realty Co., Inc., Appellant, v. Frederic S. Berman, as City Rent and Rehabilitation Administrator, Respondent. (And Another Similar Proceeding.)

Two judgments of the Supreme Court, Kings County, both dated October 21,1966, each dismissing a respective one of the two proceedings, reversed, on the law, without costs, and both proceedings remitted to the respondent City Rent and Rehabilitation Administrator for the purpose of making a determination not inconsistent with the views expressed herein. No questions of fact were considered. In our opinion the record fails to disclose a rational basis for the determination by respondent that the boxed-in risers installed herein were “ exposed ” risers for Rent Commission purposes, thus limiting the increase in maximum monthly rental allowable therefor to $1 a month. Beldock, P. J., Christ, Hopkins, Benjamin and Munder, JJ., concur.