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MATTER OF EDWARD STEPHEN, INC. v. McGOLDRICK

1 N.Y.2d 899 (1956)

In the Matter of Edward Stephen, Inc., Appellant, v. Joseph D. McGoldrick, as State Rent Administrator, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1956.

Attorney(s) appearing for the Case

Jules Chopak for appellant.

Nathan Heller and Edward V. Alfieri for respondent.

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

Order affirmed, with costs.

VAN VOORHIS, J. (dissenting).

Neither the State Residential Rent Law (L. 1946, ch. 274, as amd.) nor regulations adopted thereunder purport to discourage rehabilitation which puts residential property in better condition than when statutory tenants have taken possession. On the contrary, a "major capital improvement required for the operation, preservation or maintenance of the structure" is expressly recognized by...

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