MATTER OF BLACKPORT ESTATES v. McGOLDRICK


280 A.D. 329 (1952)

In the Matter of Blackport Estates, Inc., Appellant, v. Joseph D. McGoldrick, as State Rent Administrator, Respondent, and Kurt A. Adler et al., Interveners, Respondents

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

June 18, 1952.


Attorney(s) appearing for the Case

Arthur P. McNulty for appellant.

Norman S. Fenton of counsel (Robert H. Schaffer, attorney), for respondent.

Bernard Jaffe of counsel (Kaplan, Axelrod & Jaffe, attorneys), for interveners-respondents.

DORE and CALLAHAN, JJ., concur; COHN, J., dissents and votes to affirm.


PECK, P. J.

Petitioner-appellant, owner of an apartment house, commenced a proceeding before the Rent Administrator to secure an increase in rents, claiming that it was entitled to a 4% return on the assessed value of $150,000. The Rent Administrator refused to accept the assessed valuation as the basis for computing the return to which the landlord was entitled, relying on his statutory authority to make a valuation...

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