Gambella v. McGoldrick

Appeal by petitioners, the landlords, from an order in an article 78 proceeding which dismissed their petition to review a determination by respondent made April 5, 1954, which vacated prior orders insofar as they affirmed the issuance of a certificate of eviction and directed that the tenant be restored to possession of an apartment previously occupied by him. Order reversed on the law, with $10 costs and disbursements, and petition granted, with $10 costs. The premises, originally a one-family house, were converted into a two-family dwelling in 1949. The apartments were, accordingly, “ additional housing accommodations created by conversion ” and were decontrolled by virtue of the provisions of clause (2) of paragraph (g) of subdivision 2 of section 2 of the State Residential Rent Law (L. 1946, eh. 274, as amd. by L. 1950, eh. 250). (Cf. Matter of Hutchins v. McGolüriclc, 307 N. Y. 78 , and Gregory v. Barr, 203 P. 2d 364 .) Nolan, P. J., Wenzel, MacCrate, Beldoek and Murphy, JJ., concur. Settle order on notice.