Summary
In Matter of Edgar Ellinger, Inc. v. McGoldrick (281 App. Div. 821) the determination of the State Rent Administrator that the maintenance of switchboard service was essential was held unwarranted in part because the lease agreements provided to the contrary.
Summary of this case from Matter of Konigsberg v. CaputaOpinion
February 17, 1953.
Present — Dore, J.P., Cohn, Callahan, Van Voorhis and Breitel, JJ.
The determination of the State Rent Administrator that the maintenance of switchboard service is essential is unwarranted in the circumstances because (1) it requires the landlord despite the provision of the lease agreements to the contrary, to continue operation of a switchboard solely to provide message service when the use of the board is so negligible as to require operation at a substantial loss, (2) that the elimination of the switchboard will not diminish the protection because the building has elevator operators in constant attendance and the landlord is willing to install an intercommunicating system in the event that it is deemed necessary by the Administrator, and (3) the New York Telephone Company will install private telephones immediately to any tenant. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the application granted. Settle order on notice.