Legal Opinion

Shafer v. Gabel

New York Court of Appeals

Decided April 22, 1965Published

1Opinion of the Court

*515Memorandum: The order of the Appellate Division and the judgment of Special Term should be reversed and the determination of the respondent annulled and the proceeding remanded to the Administrator for the purpose of adjusting the maximum rents to reflect a 6% return on the $435,000 purchase price, with costs of this proceeding in all courts.

Protest and court remit proceedings involving determination of adjustment of maximum rents as they are appellate in nature must be determined on the basis of the law in effect on the date of the original Local Rent Administrator’s order (see Matter of…

2Cases cited4 opinions

  1. Levy v. 1165 Park Avenue Corp.New York Court of Appeals · 1953
  2. E. 19th Street Co. v. GabelNew York Supreme Court · 1963
  3. Schreiber v. McGoldrickAppellate Division of the Supreme Court of the State of New York · 1954
  4. Schreiber v. McGoldrickNew York Court of Appeals · 1954

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