850 Company v. Schwartz

Full title: 850 COMPANY, Appellant, v. ADELE M. SCHWARTZ et al., Respondents

Court: Court of Appeals of the State of New York

Date published: Mar 11, 1965

15 N.Y.2d 899 (N.Y. 1965)

258 N.Y.S.2d 428

206 N.E.2d 361

Opinion

Argued February 4, 1965

Decided March 11, 1965

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MITCHELL D. SCHWEITZER, J.

David W. Peck, David Bergner, Gerald Blum and E. Roger Frisch for appellant.

Jack Newton Lerner for respondents.

Order reversed, with costs in this court and in the Appellate Division, and the order of Special Term reinstated. Petitioner, by virtue of having converted and leased 60% of its building as business space, having timely made application for certificates of decontrol, having obtained a certificate of occupancy, and having instituted this proceeding, had a right "accruing" within the meaning of section 93 of the General Construction Law ( Cameron v. New York Mount Vernon Water Co., 133 N.Y. 336, 341).

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.