Opinion
Argued January 19, 1955
Decided March 11, 1955
Appeal from the Supreme Court, Appellate Division, First Department, SCHREIBER, J.
George B. Tepper for appellant.
Beatrice Shainswit and Hortense W. Gabel for State Rent Administrator, respondent.
John W. Williams and Harry Wallach for interveners-respondents.
Order reversed and petition dismissed, without costs, upon the ground that the order of remand by the State Rent Administrator to the local rent administrator to fix maximum rent did not finally determine the rights of the parties, and that whether this building is subject to rent control cannot be reviewed under these circumstances until a maximum rent has been fixed (Civ. Prac. Act, § 1285, subd. 3; L. 1946, ch. 274, § 9, subd. 1, as amd. by L. 1951, ch. 443). No opinion.
Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ.