Silverman v. Finkelstein

Appellate Division of the Supreme Court of New York

Silverman v. Finkelstein

275 A.D.2d 790

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

DecidedApril 25, 1949

StatusPublished

This text of 275 A.D.2d 790 (Silverman v. Finkelstein) 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

Silverman v. Finkelstein, 275 A.D.2d 790 (N.Y. Ct. App. 1949).

Pincite

Opinion

There was substantial proof before the commission to sustain its determination that a compelling necessity had not been established. The commission’s denial of the application for a certificate of eviction, under the circumstances, was an exercise of discretion, which the courts may not disturb. (Matter of Engel v. Finkelstein, 275 App. Div. 779, and cases cited therein.) Nolan, P. J., Carswell, Sneed and MaeCrate, JJ., concur; Adel, J., dissents and votes to affirm.

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There was substantial proof before the commission to sustain its determination that a compelling necessity had not been established. The commission’s denial of the application for a certificate of eviction, under the circumstances, was an exercise of discretion, which the courts may not disturb. (Matter of Engel v. Finkelstein, 275 App. Div. 779, and cases cited therein.) Nolan, P. J., Carswell, Sneed and MaeCrate, JJ., concur; Adel, J., dissents and votes to affirm.

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Bluebook (online)

275 A.D.2d 790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silverman-v-finkelstein-nyappdiv-1949.