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MATTER OF HELLER v. McGOLDRICK

278 A.D. 53 (1951)

In the Matter of Reinhold G. Heller, Appellant-Respondent, v. Joseph D. McGoldrick, as Rent Administrator of The Temporary State Housing Rent Commission, Respondent, and Sarolga Realty Co., Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 13, 1951.

Attorney(s) appearing for the Case

Demarest J. Hahn of counsel (Leo Horowitz with him on the brief; Hahn & Hahn, attorneys), for appellant-respondent.

Emory Gardiner of counsel (Nathaniel L. Goldstein, Attorney-General), for respondent.

Sidney Salant for respondent-appellant.

PECK, P. J., and VAN VOORHIS, J., concur; COHN and HEFFERNAN, JJ., dissent from the remission to the commission and vote to strike from the order the provision allowing the tenant to file a new protest, and otherwise vote to affirm.

CALLAHAN, J.

Petitioner occupies an apartment on the fifth floor of a building situated at 49th Street and 6th Avenue, New York City. The landlord applied to the State Rent Administrator for a certificate authorizing eviction of the petitioner, in order that it might demolish the building and erect a two-story "taxpayer" to be occupied for commercial purposes. All other...

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