Bernstein v. McGoldrick

The petitioner, not the administrator, had the burden of proof. In the light of the evidence adduced in this record and the standard hotel accounting procedure, the Rent Administrator’s method of apportionment of increased operating costs to the ratio between controlled and decontrolled residential space is reasonable for establishing the share of increased costs to be borne by the controlled tenants. In addition, the Rent Administrator’s formula has been approved (see Matter of Markens v. McGoldrick, 281 App. Div. 70, and Matter of Mallet V. McGoldrick, 282 App. Div. 871).

As Special Term did…