Simon v. McGoldrick

Appellate Division of the Supreme Court of New York

Simon v. McGoldrick

279 A.D. 760, 108 N.Y.S.2d 848, 1951 N.Y. App. Div. LEXIS 3687

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

DecidedDecember 17, 1951

StatusPublished

Cited by2 cases

This text of 279 A.D. 760 (Simon 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

Simon v. McGoldrick, 279 A.D. 760, 108 N.Y.S.2d 848, 1951 N.Y. App. Div. LEXIS 3687 (N.Y. Ct. App. 1951).

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Opinion

In our opinion the record presents substantial evidence warranting the findings of the State Rent Administrator that appellant’s landlord, in good faith, sought possession of the housing accommodations for an immediate and compelling necessity for use and occupancy by the landlord’s daughter and her family, and that the determination sought to be annulled is neither arbitrary nor capricious. Under such circumstances the courts may not set aside the determination. (State Residential Rent Law [L. 1946, ch. 274, as amd. by L. 1951, ch. 443], § 9, subd. 2; Matter of Park East Land Corp. v. Finkelstein, 299 N. Y. 70, 75, and cases there cited.) Present — Nolan P. J., Carswell, Adel, Sneed and Wenzel, JJ.

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In our opinion the record presents substantial evidence warranting the findings of the State Rent Administrator that appellant’s landlord, in good faith, sought possession of the housing accommodations for an immediate and compelling necessity for use and occupancy by the landlord’s daughter and her family, and that the determination sought to be annulled is neither arbitrary nor capricious. Under such circumstances the courts may not set aside the determination. (State Residential Rent Law [L. 1946, ch. 274, as amd. by L. 1951, ch. 443], § 9, subd. 2; Matter of Park East Land Corp. v. Finkelstein, 299 N. Y. 70, 75, and cases there cited.) Present — Nolan P. J., Carswell, Adel, Sneed and Wenzel, JJ.

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Bluebook (online)

279 A.D. 760, 108 N.Y.S.2d 848, 1951 N.Y. App. Div. LEXIS 3687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simon-v-mcgoldrick-nyappdiv-1951.

Opinion

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