Managed Realty Corp. v. McGoldrick

Appellate Division of the Supreme Court of New York

Managed Realty Corp. v. McGoldrick

1 A.D.2d 890

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

DecidedMarch 30, 1956

StatusPublished

This text of 1 A.D.2d 890 (Managed Realty Corp. v. McGoldrick) 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

Managed Realty Corp. v. McGoldrick, 1 A.D.2d 890 (N.Y. Ct. App. 1956).

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Opinion

Proceeding to review a determination of respondent, which denied an application for an increase of rents because of a proposed conversion from a coal-fired furnace to an oil-fired system in a forty-one-family apartment house. The appeal is from an order dismissing the proceeding. Appellant contends that as matter of law the proposed conversion is a “ substantial rehabilitation ” of the property or a “ major capital improvement” within the meaning of subdivision 4 of section 4 of the State Residential Rent Law (L. 1946, ch. 274, as amd.) and paragraph e of subdivision 1 of section 33 of the Rent and Eviction Regulations. Order unanimously affirmed, with $10 costs and disbursements. (Matter of Lubitz Bros. v. Abrams, 286 App. Div. 871, motion for leave to appeal denied, 286 App. Div. 968.) Present — Nolan, P. J., Beldock, Murphy, Ughetta and Hallinan, JJ.

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Proceeding to review a determination of respondent, which denied an application for an increase of rents because of a proposed conversion from a coal-fired furnace to an oil-fired system in a forty-one-family apartment house. The appeal is from an order dismissing the proceeding. Appellant contends that as matter of law the proposed conversion is a “ substantial rehabilitation ” of the property or a “ major capital improvement” within the meaning of subdivision 4 of section 4 of the State Residential Rent Law (L. 1946, ch. 274, as amd.) and paragraph e of subdivision 1 of section 33 of the Rent and Eviction Regulations. Order unanimously affirmed, with $10 costs and disbursements. (Matter of Lubitz Bros. v. Abrams, 286 App. Div. 871, motion for leave to appeal denied, 286 App. Div. 968.) Present — Nolan, P. J., Beldock, Murphy, Ughetta and Hallinan, JJ.

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1 A.D.2d 890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/managed-realty-corp-v-mcgoldrick-nyappdiv-1956.

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