n The Matter of Baldwin Gardens, Inc. v. McGoldrick

This proceeding is brought under article 78 of the Civil Practice Act, to restrain the New York State Bent Administrator from enforcing the maximum rent established by him pursuant to chapter 250 of the Laws of 1950, entitled “ Emergency Housing Bent Control Law ”, on the ground-that such law is unconstitutional insofar as it affects the petitioner. The respondent has cross-moved to dismiss the petition both on jurisdictional and substantive grounds.

The petitioner is the owner of a 159-family apartment house built in 1940.

Petitioner makes four claims: First: That the maximum rent has been…