Legal Opinion · Dissent

Juxbush Realty Corp. v. Temporary State Housing Rent Commission

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 1953Published

1DissentCallahan, J.

I dissent and vote to affirm. The tenants of this building always had the services of elevator operators so that the case is unlike Matter of 147 East 84th St. Corp. v. McGoldrick (281 App. Div. 826) and resembles more closely Matter of Efef Associates v. McGoldrick (281 App. Div. 673). If a landlord obtains an increase in rents based on furnishing certain services, he and his successors in interest should not be permitted to eliminate these services without an appropriate adjustment in rents. Accordingly, the commission had the power to make the order involved herein.

2Cases cited2 opinions

  1. Efef Associates, Inc. v. McGoldrickAppellate Division of the Supreme Court of the State of New York · 1952
  2. 147 East 84th St. Corp. v. McGoldrickAppellate Division of the Supreme Court of the State of New York · 1953