Saladino v. McGoldrick

Appellate Division of the Supreme Court of New York

Saladino v. McGoldrick

281 A.D. 1027, 121 N.Y.S.2d 682, 1953 N.Y. App. Div. LEXIS 4198

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

DecidedMay 26, 1953

StatusPublished

This text of 281 A.D. 1027 (Saladino 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

Saladino v. McGoldrick, 281 A.D. 1027, 121 N.Y.S.2d 682, 1953 N.Y. App. Div. LEXIS 4198 (N.Y. Ct. App. 1953).

Pincite

Opinion

Order unanimously modified so as to remit the matter to the State Rent Administrator for further consideration. The authority of the Administrator to fix the maximum rent is recognized. It seems to us, however, that the rent may have been fixed at too low a figure. The comparable apartment relied on by the Administrator was leased by the landlord’s daughter and may well have been at a nonob jeetive rent. The rent of the apartment on the first floor in the subject house indicates a value for the subject apartment higher than that fixed. As so modified the order is affirmed. Settle order on notice. Present — Peek, P. J., Glennon, Cohn, Callahan and Breitel, JJ.

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Order unanimously modified so as to remit the matter to the State Rent Administrator for further consideration. The authority of the Administrator to fix the maximum rent is recognized. It seems to us, however, that the rent may have been fixed at too low a figure. The comparable apartment relied on by the Administrator was leased by the landlord’s daughter and may well have been at a nonob jeetive rent. The rent of the apartment on the first floor in the subject house indicates a value for the subject apartment higher than that fixed. As so modified the order is affirmed. Settle order on notice. Present — Peek, P. J., Glennon, Cohn, Callahan and Breitel, JJ.

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Bluebook (online)

281 A.D. 1027, 121 N.Y.S.2d 682, 1953 N.Y. App. Div. LEXIS 4198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saladino-v-mcgoldrick-nyappdiv-1953.