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GROSS v. McGOLDRICK

308 N.Y. 651 (1954)

In the Matter of George Gross et al., Respondents, v. Joseph D. McGoldrick, as State Rent Administrator, Appellant.

Court of Appeals of the State of New York.

Decided December 31, 1954

Attorney(s) appearing for the Case

Beatrice Shainswit and Walter S. Fried for appellant.

Kermit Gitenstein for respondents.

Concur: LEWIS, Ch. J., DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ. CONWAY, J., dissents in the following opinion:

Order affirmed, with costs.

CONWAY, J. (dissenting).

Petitioners, landlords of a twenty-family multiple dwelling, applied to the local rent administrator, borough of Brooklyn, for a certificate authorizing the eviction of one Fannie Garfinkel, hereinafter referred to as tenant, so that they might use her apartment for a resident superintendent. The tenant challenged petitioners' good faith in making the application.

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