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MATTER OF FIRST TERRACE GARDENS, INC. v. McGOLDRICK

285 A.D. 1126 (1955)

In the Matter of First Terrace Gardens, Inc., Appellant, v. Joseph D. McGoldrick, as State Rent Administrator, Respondent, and George C. Clayton et al., Intervenors-Respondents

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

May 10, 1955.

Order appealed from affirmed.

CALLAHAN, J. P. (dissenting).

I vote to remit the matter to the rent administrator once more for further consideration.

I believe that an unconditional denial of this application to convert the buildings in the manner proposed by the landlord deprives the owner of fundamental property rights not eliminated or suspended by the State Residential Rent Law. (L. 1946, ch. 274, as amd.)

The right to convert...

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