From Casetext: Smarter Legal Research

Matter of Bersam Holding Corp. v. McGoldrick

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1954
283 App. Div. 744 (N.Y. App. Div. 1954)

Opinion

February 23, 1954.

Present — Adel, Acting P.J., Wenzel, MacCrate, Schmidt and Murphy, JJ.


Proceeding by a landlord pursuant to article 78 of the Civil Practice Act to annul a determination of the State Rent Administrator denying said landlord's protest of an order made by a local rent administrator, which reduced the rent of an apartment from $51.75 a month to $46.55 a month for failure to repaint after two years. Appellant claimed that on March 1, 1943, the freeze date, the apartment was governed by a three-year repainting practice. Its records showed that the apartment had been painted in 1938; that it was vacant from January, 1940, to April, 1942, and that it had been painted in July, 1943 (one month before the present tenant took possession), in July, 1946, and in June, 1949. However, no records or other proof about painting were submitted for the period from January, 1940, to July, 1943. The State Rent Administrator determined that the landlord had failed to rebut the presumption that the practice in New York City, on the freeze date, was to repaint every two years. Special Term denied the petition, and the landlord appeals from the order entered thereon. Order unanimously affirmed, without costs. No opinion.


Summaries of

Matter of Bersam Holding Corp. v. McGoldrick

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1954
283 App. Div. 744 (N.Y. App. Div. 1954)
Case details for

Matter of Bersam Holding Corp. v. McGoldrick

Case Details

Full title:In the Matter of BERSAM HOLDING CORP., Appellant, against JOSEPH D…

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

Date published: Feb 23, 1954

Citations

283 App. Div. 744 (N.Y. App. Div. 1954)

Citing Cases

Baykal Corp. v. City of New York

Under the rent control presumption, if the landlord alleges a practice different from the two-year painting…

Matter of Lawrence v. Joy

However, the presumption could be rebutted by a showing on the part of the landlord that, for a period of at…