Bersam Holding Corp. v. McGoldrick

Proceeding by a landlord pursuant to article 78 of the Civil Practice Act to annul a determination of the State Rent Administrator denying said landlord’s protest of an order made by a local rent administrator, which reduced the rent of an apartment from $51.75 a month to $46.55 a month for failure to repaint after two years. Appellant claimed that on March 1, 1943, the freeze date, the apartment was governed by a three-year repainting practice. Its records showed that the apartment had been painted in 1938; that it was vacant from January, 1940, to April, 1942, and that it had been painted…