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Ingber Realty Corp. v. Weintraub

5 Misc. 2d 942 Court Supreme Court, Appellate Term, First Department, Decision date 1952-02-28 English

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p. 942
Ingber Realty Corporation, Appellant, v. Bernard Weintraub, Respondent.
Supreme Court, Appellate Term, First Department,
February 28, 1952.
Max J. Goldblatt for appellant.
No one appearing for respondent.

The fixation of the rental in this case by the court below was unauthorized. Where administrative procedures are afforded, no resort may be had to a court until the complete exhaustion of such administrative procedures (Suppus v. Bradley, 278 App. Div. 337 ).

The final order so far as appealed from should be reversed, without costs, without prejudice to further proceeding by tenant before the rent commission.

Hammer, Hoestadter and Eder, JJ., concur.

Final order reversed, etc.