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MATTER OF McCOY v. McGOLDRICK

278 A.D. 384 (1951)

In the Matter of Hattie McCoy et al., Appellants, v. Joseph D. McGoldrick, Constituting The Temporary State Housing Rent Commission, Respondent

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

June 20, 1951.

Attorney(s) appearing for the Case

Harry Fractenberg for appellants.

Emory Gardiner of counsel (Robert H. Schaffer, attorney), for respondent.

COHN, CALLAHAN and VAN VOORHIS, JJ., concur with PECK, P. J.; DORE, J., dissents and votes to reverse, in opinion.

PECK, P. J.

The State Rent Administrator has directed issuance on conditions of a certificate of eviction against the tenants of a ten-room house who occupy a two-room basement as living quarters and conduct a rooming house on the remaining floors. The landlord had made application for a certificate only as to the rooms used as a rooming house, under section 56 of the Rent and Eviction Regulations of the Temporary...

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