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Edward Stephen, Inc. v. McGoldrick

1 A.D.2d 890 Court N.Y. App. Div. Decision date 1956-03-30 English

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p. 890
In the Matter of Edward Stephen, Inc., Appellant, against Joseph D. McGoldrick, as State Rent Administrator, Respondent.

Proceeding to review a determination of respondent, which denied an application for an increase of rents as a result of converting from a coal-fired furnace to an oil-fired system in an eight-family apartment house. The appeal is from an order dismissing the proceeding. Appellant contends that as matter of law the conversion was a “substantial rehabilitation” of the property or a “major capital improvement ” within the meaning of subdivision 4 of section 4 of the State Residential Rent Law (L. 1946, eh. 274, as amd.) and paragraph c of subdivision 1 of section 33 of the State Rent and Eviction Regulations. Order unanimously affirmed, with $10 costs and disbursements. (Matter of Lubitz Bros. v. Abrams, 286 App. Div. 871 , motion for leave to appeal denied, 286 App. Div. 968 .) Present — Nolan, P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ.