MATTER OF BROWN v. McGOLDRICK


1 A.D.2d 979 (1956)

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

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

April 30, 1956


Order reversed, without costs, and determination of the State Rent Administrator reinstated and confirmed.

The owner of a two-family house need not establish a compelling necessity if he seeks an apartment in good faith and for his own use (State Rent & Eviction Regulations, § 55, subd. 1). Where, however, an owner resides in one of the apartments, he may not, unless he establishes good faith and an immediate compelling necessity, cause the eviction of his...

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