MATTER OF FIESTA REALTY CORP. v. McGOLDRICK


284 A.D. 551 (1954)

In the Matter of Fiesta Realty Corp., Respondent, v. Joseph D. McGoldrick, as State Rent Administrator, Appellant, and Eusmelis Santiago et al., Interveners, Appellants

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

May 25, 1954.


Attorney(s) appearing for the Case

Beatrice Shainswit of counsel (Robert H. Schaffer, attorney), for Joseph D. McGoldrick, appellant.

George B. Tepper of counsel (Whitestone, Tepper & Harrow, attorneys), for respondent.

PECK, P. J., DORE, CALLAHAN and BERGAN, JJ., concur.


BREITEL, J.

In 1950 the landlord purchased an abandoned, boarded-up old-law tenement, which had been vacant and unused, except for two stores on the street floor, since 1943. It made certain restorations, the extent of which is disputed, and rented the apartments on the upper floors to foreign language-speaking tenants for whatever rents could be obtained. The question is whether the premises are subject to rent...

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