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MATTER OF SCHOENSTEIN v. McGOLDRICK

279 A.D. 395 (1952)

In the Matter of Paul Schoenstein, as Chairman of The Tenants Committee of Tenants of 210 West 78th Street, New York, Respondent, v. Joseph D. McGoldrick, as State Rent Administrator, Respondent, and Pema Realty Co., Inc., Intervener, Appellant

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

February 26, 1952.

Attorney(s) appearing for the Case

Lester R. Bachner of counsel (Bernard A. Saslow with him on the brief; Koenig & Bachner, attorneys), for intervener-appellant.

Edward A. Lipton for petitioner-respondent.

Beatrice Shainswit of counsel (Robert H. Schaffer, attorney), for Joseph D. McGoldrick, as State Rent Administrator, respondent.

COHN and BERGAN, JJ., concur with SHIENTAG, J.; DORE, J., dissents in opinion in which PECK, P. J., concurs.

SHIENTAG, J.

This appeal is by a landlord (the intervener, respondent) from an order of the Special Term in a proceeding under article 78 of the Civil Practice Act which, on application of the respondent State Rent Administrator and with the consent of the petitioners (the tenants), remitted the proceeding to the Administrator for further consideration and review. The landlord, intervener, contends in effect that...

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