Syage v. McGoldrick

Appellate Division of the Supreme Court of New York

Syage v. McGoldrick

283 A.D. 818, 128 N.Y.S.2d 827, 1954 N.Y. App. Div. LEXIS 5417

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

DecidedMarch 22, 1954

StatusPublished

This text of 283 A.D. 818 (Syage 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

Syage v. McGoldrick, 283 A.D. 818, 128 N.Y.S.2d 827, 1954 N.Y. App. Div. LEXIS 5417 (N.Y. Ct. App. 1954).

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Opinion

In a proceeding under article 78 of the Civil Practice Act, to review a determination of the State Rent Administrator, which revoked a certificate of eviction previously granted by him, the order at Special Term annuls the determination and directs the Administrator to issue the certificate. Order reversed on the law, without costs, the proceeding dismissed, and determination confirmed. The Special Term having remitted the matter to the Administrator for further consideration, he was empowered to change his determination. (Matter of Yasser v. MeGoldrick, 282 App. Div. 1056.) The Administrator found that there was an immediate and compelling for the sought, but found that the landlord had failed to prove good faith. There is substantial evidence to support the finding. Adel, Wenzel, Schmidt and Murphy, JJ., concur; Nolan, P. J., concurs in result.

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In a proceeding under article 78 of the Civil Practice Act, to review a determination of the State Rent Administrator, which revoked a certificate of eviction previously granted by him, the order at Special Term annuls the determination and directs the Administrator to issue the certificate. Order reversed on the law, without costs, the proceeding dismissed, and determination confirmed. The Special Term having remitted the matter to the Administrator for further consideration, he was empowered to change his determination. (Matter of Yasser v. MeGoldrick, 282 App. Div. 1056.) The Administrator found that there was an immediate and compelling for the sought, but found that the landlord had failed to prove good faith. There is substantial evidence to support the finding. Adel, Wenzel, Schmidt and Murphy, JJ., concur; Nolan, P. J., concurs in result.

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Bluebook (online)

283 A.D. 818, 128 N.Y.S.2d 827, 1954 N.Y. App. Div. LEXIS 5417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/syage-v-mcgoldrick-nyappdiv-1954.

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