First Terrace Gardens, Inc. v. McGoldrick

Callahan, J. P.

(dissenting). I vote to remit the matter to the rent administrator once more for further consideration.

I believe that an unconditional denial of this application to convert the buildings in the manner proposed by the landlord deprives the owner of fundamental property rights not eliminated or suspended by the State Residential Rent Law. (L. 1946, eh. 274, as amd.)

The right to convert the elevators to automatic operation was reserved in the leases. Under such circumstances, the courts merely recognize the power of the rent administrator to prescribe conditions attaching to the…