New York Court of Appeals

In the Matter of Century Operating Corporation v. Emanuel Popolizio, as Chairman of the New York City Conciliation…

December 20, 198360 N.Y.2d 483

Summary

The New York Court of Appeals reversed the Appellate Division and set aside the Conciliation and Appeals Board's determination, holding that the two‑month rent concession in the original lease rider does not apply to renewal leases. The Court found the Board's interpretation arbitrary and capricious. Justice Simons dissented, arguing the Board's construction should be upheld.