Jacobs v. Gabel

Appellate Division of the Supreme Court of New York

Jacobs v. Gabel

20 A.D.2d 780, 247 N.Y.S.2d 841, 1964 N.Y. App. Div. LEXIS 4160

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

DecidedMarch 24, 1964

StatusPublished

This text of 20 A.D.2d 780 (Jacobs v. Gabel) 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

Jacobs v. Gabel, 20 A.D.2d 780, 247 N.Y.S.2d 841, 1964 N.Y. App. Div. LEXIS 4160 (N.Y. Ct. App. 1964).

Pincite

Opinion

Order, entered on October 29, 1963, annulling the determination of the City Rent and Rehabilitation Administrator which had denied an application for a certificate of eviction pursuant to subdivision a of section 55 of the City Rent, Eviction and Rehabilitation Regulations and directing that a certificate of eviction issue, unanimously reversed, on the law and the facts, with $20 costs and disbursements to the respondent-appellant; the petition is dismissed and the determination reinstated. The City Rent Administrator found that the applicant-landlord was not proceeding in good faith. There is substantial evidence in the record to' support that determination. Since the order of the Rent Administrator had a reasonable basis, and was not arbitrary or capricious, the courts may not disturb the determination and substitute their judgment for that of the Administrator. (Matter of Friedman v. Weaver, 3 N Y 2d 123, 126; Matter of First Terrace Gardens v. McGoldriek, 1 N Y 2d 1, 3.) Accordingly, the finding of the Rent Administrator should not have been annulled. Concur — Botein, P. J., Breitel, Valente, Eager and Steuer, JJ.

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Order, entered on October 29, 1963, annulling the determination of the City Rent and Rehabilitation Administrator which had denied an application for a certificate of eviction pursuant to subdivision a of section 55 of the City Rent, Eviction and Rehabilitation Regulations and directing that a certificate of eviction issue, unanimously reversed, on the law and the facts, with $20 costs and disbursements to the respondent-appellant; the petition is dismissed and the determination reinstated. The City Rent Administrator found that the applicant-landlord was not proceeding in good faith. There is substantial evidence in the record to' support that determination. Since the order of the Rent Administrator had a reasonable basis, and was not arbitrary or capricious, the courts may not disturb the determination and substitute their judgment for that of the Administrator. (Matter of Friedman v. Weaver, 3 N Y 2d 123, 126; Matter of First Terrace Gardens v. McGoldriek, 1 N Y 2d 1, 3.) Accordingly, the finding of the Rent Administrator should not have been annulled. Concur — Botein, P. J., Breitel, Valente, Eager and Steuer, JJ.

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Bluebook (online)

20 A.D.2d 780, 247 N.Y.S.2d 841, 1964 N.Y. App. Div. LEXIS 4160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacobs-v-gabel-nyappdiv-1964.