Parkchester Management Corp. v. Rent Stabilization Ass'n of New York, Inc.

Majority

p. 778

In the Matter of Parkchester Management Corp., Respondent, v Rent Stabilization Association of New York, Inc., et al., Appellants, and Parkchester Tenants’ Association, Intervenor-Appellant.

Argued March 28,1978;

decided April 27,1978

p. 779

APPEARANCES OF COUNSEL

Abraham M. Lindenbaum for Rent Stabilization Association of New York, Inc., appellant.

Allen G. Schwartz, Corporation Counsel (Ronald E. Stern-berg and L. Kevin Sheridan of counsel), for Housing and Development Administration, appellant.

William E. Rosen and Ellis S. Franke for New York City Conciliation and Appeals Board, appellant.

Kent Karlsson for intervenor-appellant.

Robert S. Fougner for respondent.

OPINION OF THE COURT

Memorandum.

The order appealed from should be reversed, with costs, and the judgment of Supreme Court, New York County reinstated,

p. 780

for the reasons stated in the dissenting opinion of Mr. Justice Samuel J. Silverman at the Appellate Division (56 AD2d, at pp 403-405). We would note, however, that this result is founded upon the quasi-voluntary nature of the Rent Stabilization Association, and we express no opinion as to whether the statute authorizes a public agency to impose the type of regulation here in issue.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order reversed, with costs, and judgment of Supreme Court, New York County, reinstated in a memorandum.