In the Matter of Marcel Kovarsky

Summary

The New York Court of Appeals held that the Rent Stabilization Law provision allowing a conversion plan to become effective when a minority of tenants purchase shares is constitutional, and that an article 78 proceeding is not the proper vehicle to challenge a statute's constitutionality, but the issue may be heard as a declaratory judgment. Accordingly, the lower court's order was modified to declare the statute constitutional and affirmed.