Legal Opinion

Kaplan v. McGoldrick

New York Supreme Court

Decided September 27, 1950PublishedCited by 6 opinions

1Opinion of the CourtBotein, J.

In this proceeding under article 78 of the Civil Practice Act, the petitioner landlord seeks to review the validity of subdivision 1 of section 21 of the current Rent and Eviction Regulations, as promulgated by the Temporary State Housing Rent Commission.

The challenged regulation was adopted pursuant to subdivision 2 of section 4 of the State Residential Rent Control Law (L. 1946, ch. 274 as amd. by L. 1950, ch. 250) which authorizes the commission to adopt such regulations 11 as it may deem necessary or proper to effectuate the purposes of this act”. Subdivision 2 of section 8 of the act…

2Cases cited4 opinions

  1. A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
  2. Miller v. United StatesSupreme Court of the United States · 1935
  3. Whitmarsh v. FarnellNew York Court of Appeals · 1949
  4. Whitmarsh v. FarnellAppellate Division of the Supreme Court of the State of New York · 1948

3Cited by6 opinions

  1. Chatlos v. McGoldrickNew York Court of Appeals · 1951
  2. Teacher Retirement System v. DuckworthTexas Supreme Court · 1954
  3. 340 East 57 St. Corp. v. WeaverNew York Supreme Court · 1956
  4. Delro Estates, Inc. v. FredkinCity of New York Municipal Court · 1950
  5. Teacher Retirement System v. DuckworthCourt of Appeals of Texas · 1953

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