From Casetext: Smarter Legal Research

Matter of Kathy Realty Corp. v. McGoldrick

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 1953
281 App. Div. 850 (N.Y. App. Div. 1953)

Summary

In Matter of Kathy Realty Corp. v McGoldrick (281 App. Div. 850), a memorandum decision, the only issue on appeal was whether the two-year painting practice, which existed on March 1, 1943 governed over a subsequent practice which existed prior to March 1, 1950.

Summary of this case from Baykal Corp. v. City of New York

Opinion

February 24, 1953.


On application by the tenant of an apartment in a building owned by petitioner for a decrease in rent based on petitioner's failure to paint the tenant's apartment within two years of the last painting, the monthly rent of the apartment was reduced. In an article 78 proceeding to review the determination of the State Rent Administrator, Special Term annulled the determination on the grounds that (1) the petitioner was required to paint the tenant's apartment every three years because that was the practice prior to March 1, 1950; (2) even if the painting custom prior to March 1, 1943, governed, the overwhelming preponderance of evidence was that the custom as of that date was to paint every three years. The Administrator appeals. Final order reversed on the law and the facts, with $10 costs and disbursements, and proceeding dismissed. The Administrator's interpretation of the pertinent provisions of the State Residential Rent Law (§ 4, subd. 1, par [b]; subd. 5, par. [b]; L. 1946, ch. 274, as amd.) and of his own regulations (Rent and Eviction Regulations, § 23) is to the effect that the painting practice which existed on March 1, 1943, governs, and not the painting practice which existed on March 1, 1950. That interpretation being reasonable, the courts may not disturb it. ( Matter of Park East Land Corp. v. Finkelstein, 299 N.Y. 70, 75; Matter of Mounting Finishing Co. v. McGoldrick, 294 N.Y. 104, 108; Matter of Marburg v. Cole, 286 N.Y. 202, 212.) There is substantial evidence to support the Administrator's finding that there existed on March 1, 1943, a two-year painting practice with respect to the tenant's apartment. Under these circumstances, the findings may not be disturbed. ( Matter of Avon Bar Grill v. O'Connell, 301 N.Y. 150, 153; Matter of Stork Restaurant v. Boland, 282 N.Y. 256, 267.) Nolan, P.J., Carswell, Adel, MacCrate and Beldock, JJ., concur.


Summaries of

Matter of Kathy Realty Corp. v. McGoldrick

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 1953
281 App. Div. 850 (N.Y. App. Div. 1953)

In Matter of Kathy Realty Corp. v McGoldrick (281 App. Div. 850), a memorandum decision, the only issue on appeal was whether the two-year painting practice, which existed on March 1, 1943 governed over a subsequent practice which existed prior to March 1, 1950.

Summary of this case from Baykal Corp. v. City of New York
Case details for

Matter of Kathy Realty Corp. v. McGoldrick

Case Details

Full title:In the Matter of KATHY REALTY CORP., Respondent, against JOSEPH D…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 24, 1953

Citations

281 App. Div. 850 (N.Y. App. Div. 1953)

Citing Cases

Matter of Everly v. Weaver

Subdivision 2 of section 9 of the law makes plain the narrow area of the court's function in reviewing the…

Roe v. Abrams

It cannot be said on this record that the commission could not determine that this presumption was…