Colton v. Berman — 20 N.Y.2d 742

Majority

p. 742

In the Matter of W. Phillips Colton, Jr., and Nineteen Other Tenants on Their Own Behalf and on Behalf of Various Tenants Similarly Situated, of Premises 145 East 74th Street, Borough of Manhattan, Respondents, v. Frederic S. Berman, as City Rent and Rehabilitation Administrator, Respondent, and Samuel Greenberg & Co., Intervenor-Appellant. In the Matter of Samuel Greenberg & Co., Appellant, v. Frederic S. Berman, as City Rent and Rehabilitation Administrator, Respondent, and W. Phillips Colton, Jr., Intervenor-Respondent.

Submitted July 6, 1967;

decided July 7, 1967.

p. 743

Robert S. Fougner for motion.

Florence R. Zimmerman not opposed.

Motion granted. The affected, but nonprotesting, tenants in the subject premises are to continue paying rent in the amount determined by respondent Administrator pending determination, with the difference between their former rent and the increased rent to be held by appellant landlord’s attorney in escrow.