Intercounty Associates v. Ball

New York Court of Appeals

Intercounty Associates v. Ball

236 N.E.2d 165, 21 N.Y.2d 859, 288 N.Y.S.2d 1011, 1968 N.Y. LEXIS 1574

DecidedFebruary 28, 1968

StatusPublished

This text of 236 N.E.2d 165 (Intercounty Associates v. Ball) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Intercounty Associates v. Ball, 236 N.E.2d 165, 21 N.Y.2d 859, 288 N.Y.S.2d 1011, 1968 N.Y. LEXIS 1574 (N.Y. 1968).

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Opinion

Order affirmed, with costs, in the following memorandum: Although the State Bingo Commission should have made a statement of the standard upon which its determination was based, or better, have provided by promulgated rule the applicable standards, the evidence is more than sufficient to indicate that, whatever standard is used, the landlord’s return was ample even under the reduced rentals imposed. Therefore, a remission to the commission is unnecessary (Matter of Fink v. Cole, 1 N Y 2d 48 [1956]).

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

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Order affirmed, with costs, in the following memorandum: Although the State Bingo Commission should have made a statement of the standard upon which its determination was based, or better, have provided by promulgated rule the applicable standards, the evidence is more than sufficient to indicate that, whatever standard is used, the landlord’s return was ample even under the reduced rentals imposed. Therefore, a remission to the commission is unnecessary (Matter of Fink v. Cole, 1 N Y 2d 48 [1956]).

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

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Bluebook (online)

236 N.E.2d 165, 21 N.Y.2d 859, 288 N.Y.S.2d 1011, 1968 N.Y. LEXIS 1574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/intercounty-associates-v-ball-ny-1968.