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Engel v. Finkelstein

275 A.D.2d 779 Court N.Y. App. Div. Decision date 1949-04-11 English

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p. 779
In the Matter of Minnie Engel, Appellant, against Maurice Finkelstein et al., Constituting the Temporary City Housing Rent Commission of the City of New York, Respondents.

In our opinion there was substantial proof before the commission to warrant the finding that appellant created the hardship which she has urged as her compelling necessity. Under such circumstances the commission’s denial of the application for a certificate of eviction was a proper exercise of its discretion which the courts may not disturb. (Matter of Gardella v. Ross, 274 App. Div. 889 ; Matter of Clemente v. Finkelstein, 274 App. Div. 1069 ; Matter of Marburg v. Cole, 286 N. Y. 202 , 208; Matter of Mounting & Finishing Co. v. McGoldrick, 294 N. Y. 104 , 108.) Present — Nolan, P. J., Carswell, Adel, Sneed and MacCrate, JJ.

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