L & W Management Co. v. Herman

New York Supreme Court

L & W Management Co. v. Herman

31 Misc. 2d 685, 221 N.Y.S.2d 537, 1961 N.Y. Misc. LEXIS 2612

DecidedJuly 11, 1961

StatusPublished

This text of 31 Misc. 2d 685 (L & W Management Co. v. Herman) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

L & W Management Co. v. Herman, 31 Misc. 2d 685, 221 N.Y.S.2d 537, 1961 N.Y. Misc. LEXIS 2612 (N.Y. Super. Ct. 1961).

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Opinion

John L. Flynn, J.

Proceeding to review the determination

of the respondent denying petitioner’s application for rent [686]*686increases is denied. The conversion from a coal-fired to an oil-fired heating and hot-water system did not constitute the rendition of additional services to the tenants. The conversion only resulted in maintaining the services to which the tenants were already entitled and was made solely for the benefit of the landlord to replace inefficient and worn-out equipment. Under the circumstances, the conversion was not a substantial rehabilitation and neither was it a major capital improvement nor a creation of additional services (Matter of Edward Stephen, Inc., v. McGoldrick, 1 A D 2d 890,. affd. 1 N Y 2d 899). In view of the foregoing, the determination of respondent was not arbitrary, capricious or unreasonable. Petition dismissed.

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John L. Flynn, J.

Proceeding to review the determination

of the respondent denying petitioner’s application for rent [686]*686increases is denied. The conversion from a coal-fired to an oil-fired heating and hot-water system did not constitute the rendition of additional services to the tenants. The conversion only resulted in maintaining the services to which the tenants were already entitled and was made solely for the benefit of the landlord to replace inefficient and worn-out equipment. Under the circumstances, the conversion was not a substantial rehabilitation and neither was it a major capital improvement nor a creation of additional services (Matter of Edward Stephen, Inc., v. McGoldrick, 1 A D 2d 890,. affd. 1 N Y 2d 899). In view of the foregoing, the determination of respondent was not arbitrary, capricious or unreasonable. Petition dismissed.

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Bluebook (online)

31 Misc. 2d 685, 221 N.Y.S.2d 537, 1961 N.Y. Misc. LEXIS 2612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/l-w-management-co-v-herman-nysupct-1961.