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

Appellate Division of the Supreme Court of the State of New York·Decided December 17, 1951·Published·Cited by 2 cases

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.

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

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