Kaplan v. McGoldrick

Appellate Division of the Supreme Court of New York

Kaplan v. McGoldrick

279 A.D. 615, 107 N.Y.S.2d 819, 1951 N.Y. App. Div. LEXIS 3199

Appellate Division of the Supreme Court of the State of New York·Decided October 29, 1951·Published·Cited by 11 cases

Opinion

In our opinion this record establishes that there was substantial evidence before the State Rent Administrator warranting his finding that the landlords did not seek in good faith to recover possession of the housing accommodations; that such finding is a reasonable basis for his determination, and the court may not substitute its judgment for that of the State Rent Administrator. (L. 1946, ch. 274, § 5, subd. 2, par. [a] as amd. by L. 1951, ch. 443; Matter of Mounting [616] & Finishing Co. v. McGoldrick, 294 N. Y. 104, 108; Matter of Park East Land, Corp. v. Finkelstein, 299 N. Y. 70, 75.) Nolan, P. J., Carswell, Johnston, Sneed and MacCrate, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In our opinion this record establishes that there was substantial evidence before the State Rent Administrator warranting his finding that the landlords did not seek in good faith to recover possession of the housing accommodations; that such finding is a reasonable basis for his determination, and the court may not substitute its judgment for that of the State Rent Administrator. (L. 1946, ch. 274, § 5, subd. 2, par. [a] as amd. by L. 1951, ch. 443; Matter of Mounting [616] & Finishing Co. v. McGoldrick, 294 N. Y. 104, 108; Matter of Park East Land, Corp. v. Finkelstein, 299 N. Y. 70, 75.) Nolan, P. J., Carswell, Johnston, Sneed and MacCrate, JJ., concur.

Kaplan v. McGoldrick, 279 A.D. 615, 107 N.Y.S.2d 819, 1951 N.Y. App. Div. LEXIS 3199 (N.Y. Ct. App. 1951).

Pincite

279 A.D. 615 (Kaplan v. McGoldrick) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related