Acevedo v. Weaver

Appellate Division of the Supreme Court of New York

Acevedo v. Weaver

6 A.D.2d 835, 176 N.Y.S.2d 438, 1958 N.Y. App. Div. LEXIS 5353

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 30, 1958

StatusPublished

Cited by4 cases

This text of 6 A.D.2d 835 (Acevedo v. Weaver) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Acevedo v. Weaver, 6 A.D.2d 835, 176 N.Y.S.2d 438, 1958 N.Y. App. Div. LEXIS 5353 (N.Y. Ct. App. 1958).

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Opinion

In a proceeding to review a determination of the State Rent Administrator, which denied an application for a certificate of eviction against the tenant of an apartment in respondent’s three-faniily house, the appeal is from an order annulling said determination and directing the issuance of a certificate. Order reversed, without costs, and petition dismissed, with $10 costs and disbursements. A question of fact with respect to good faith was presented for the determination of the State Rent Administrator, and the court may not substitute its judgment for his (Matter of Friedman v. Weaver, 3 N Y 2d 123; Matter of Park East Land Corp. v. Finkelstein, 299 N. Y. 70, 75; Matter of Marcus v. McGoldrick, 281 App. Div, 764). Nolan, P. J., Beldock, Murphy, Ughetta and Hallinan, JJ., concur.

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In a proceeding to review a determination of the State Rent Administrator, which denied an application for a certificate of eviction against the tenant of an apartment in respondent’s three-faniily house, the appeal is from an order annulling said determination and directing the issuance of a certificate. Order reversed, without costs, and petition dismissed, with $10 costs and disbursements. A question of fact with respect to good faith was presented for the determination of the State Rent Administrator, and the court may not substitute its judgment for his (Matter of Friedman v. Weaver, 3 N Y 2d 123; Matter of Park East Land Corp. v. Finkelstein, 299 N. Y. 70, 75; Matter of Marcus v. McGoldrick, 281 App. Div, 764). Nolan, P. J., Beldock, Murphy, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

6 A.D.2d 835, 176 N.Y.S.2d 438, 1958 N.Y. App. Div. LEXIS 5353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/acevedo-v-weaver-nyappdiv-1958.

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