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MTR. OF FIRST TERRACE GARDENS v. McGOLDRICK

1 N.Y.2d 1 (1956)

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.

Court of Appeals of the State of New York.

Decided February 17, 1956.

Attorney(s) appearing for the Case

Lazarus Joseph for appellant.

Beatrice Shainswit and Nathan Heller for Joseph D. McGoldrick, State Rent Administrator, respondent.

Philip Adler for intervenors-respondents.

CONWAY, Ch. J., DESMOND, FULD and BURKE, JJ., concur in Per Curiam opinion; FROESSEL and VAN VOORHIS, JJ., dissent and vote to reverse the order appealed from and to annul the determination of the State Rent Administrator insofar as it prevents conversion of these buildings, and to direct that the conversion be permitted subject to the substituted conditions enumerated by the Rent Administrator, for the reasons stated by CALLAHAN, J., at the Appellate Division. DYE, J., taking no part.

Per Curiam.

This appeal seeks to set aside and annul an order of the State Rent Administrator denying the petitioner's application, as owner of London Gardens on West 23rd and 24th Streets, New York City, (1) to convert 10 elevators from manual to automatic operation and (2) to make various structural alterations in the 10 buildings owned by the petitioner in the following respects: the elimination of the entrances and...

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