MATTER OF MARKENS v. McGOLDRICK


281 A.D. 70 (1952)

In the Matter of Melanie Markens, Respondent, v. Joseph D. McGoldrick, as State Rent Administrator, Appellant, and Reymont Properties, Inc., Intervener, Respondent. (Proceeding No. 1.) In the Matter of Max Katzenstein et al., Appellants-Respondents, v. Joseph D. McGoldrick, as State Rent Administrator, Respondent-Appellant, and Park Crescent Hotel, Inc., Respondent. (Proceeding No. 2.) In the Matter of John S. Billingslea et al., Respondents, v. Joseph D. McGoldrick, as State Rent Administrator, Appellant, and Hotel Wellington, Inc., Intervener, Appellant. (Proceeding No. 3.) In the Matter of Sarah E. Robinson, Respondent, v. Joseph D. McGoldrick, as State Rent Administrator, Appellant, and Alamac Estates, Inc., Intervener, Appellant. (Proceeding No. 4.)

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

December 16, 1952.


Attorney(s) appearing for the Case

Robert H. Schaffer of counsel (Emory Gardiner with him on the brief), for appellant in Proceeding No. 1.

Irving J. Roth of counsel (Frank Roth, Chester E. Frankel and Willard Schwartz with him on the brief), for respondent in Proceeding No. 1.

Jerome E. Malino of counsel (Joseph Jay and Alfred J. Gilbert with him on the brief; Gilbert & Gilbert, attorneys), for intervener-respondent in Proceeding No. 1.

Charles W. Merritt of counsel (Lord, Day & Lord, attorneys), for Hotel Association of New York City, Inc., amicus curiæ in Proceeding No. 1.

Robert H. Schaffer of counsel (Emory Gardiner with him on the brief), for respondent-appellant in Proceeding No. 2.

Barney Rosenstein of counsel (Murray A. Gordon with him on the brief), for appellants-respondents in Proceeding No. 2.

Nathan B. Bernstein for respondent in Proceeding No. 2.

Robert H. Schaffer of counsel (Emory Gardiner with him on the brief), for appellant in Proceeding No. 3.

Charles W. Merritt of counsel (Lord, Day & Lord, attorneys), for intervener-appellant in Proceeding No. 3.

David P. Siegel for respondents in Proceeding No. 3.

Robert H. Schaffer of counsel (Emory Gardiner with him on the brief), for appellant in Proceeding No. 4.

Sidney Roffman for intervener-appellant in Proceeding No. 4.

Charles E. Frankel of counsel (Willard Schwartz, Irving J. Roth and Frank Roth with him on the brief; Chester E. Frankel and Willard Schwartz, attorneys), for respondent in Proceeding No. 4.

PECK, P. J., and BREITEL, J., concur with VAN VOORHIS, J.; CALLAHAN, J., dissents in opinion.


VAN VOORHIS, J.

The principal question presented upon these appeals is whether the State Rent Administrator followed the requirements of the State Residential Rent Law in granting applications for increases in rents made in behalf of four hotels in this city. The problem arises because there are two classes of space or accommodations in hotels, controlled and decontrolled. Only those accommodations that were controlled...

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