Lubitz Bros. v. Abrams

Appellate Division of the Supreme Court of New York

Lubitz Bros. v. Abrams

286 A.D. 871, 143 N.Y.S.2d 645, 1955 N.Y. App. Div. LEXIS 4395

Appellate Division of the Supreme Court of the State of New York·Decided June 20, 1955·Published·Cited by 4 cases

Opinion

In a proceeding to review a determination of respondent, which denies an application for an increase of rents as a result of converting from a coal-fired furnace to an oil-fired system in an eight-family apartment house, the appeal is from an order dismissing the proceeding. Appellant contends that as matter of law the conversion was a “ substantial rehabilitation” of the property or a “ major capital improvement” within the meaning of the State Residential Rent Law (L. 1946, eh. 274, as amd.). Order unanimously affirmed,, with $10 costs and disbursements. No opinion. Present — Nolan, P. J., Wenzel, MacCrate, Murphy and Ughetta, JJ. [See post, p. 968.]

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In a proceeding to review a determination of respondent, which denies an application for an increase of rents as a result of converting from a coal-fired furnace to an oil-fired system in an eight-family apartment house, the appeal is from an order dismissing the proceeding. Appellant contends that as matter of law the conversion was a “ substantial rehabilitation” of the property or a “ major capital improvement” within the meaning of the State Residential Rent Law (L. 1946, eh. 274, as amd.). Order unanimously affirmed,, with $10 costs and disbursements. No opinion. Present — Nolan, P. J., Wenzel, MacCrate, Murphy and Ughetta, JJ. [See post, p. 968.]

Lubitz Bros. v. Abrams, 286 A.D. 871, 143 N.Y.S.2d 645, 1955 N.Y. App. Div. LEXIS 4395 (N.Y. Ct. App. 1955).

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Opinion

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