Four Maple Drive Realty Corp. v. Abrams

Decision Date17 January 1957
Citation140 N.E.2d 870,2 N.Y.2d 837,159 N.Y.S.2d 976
Parties, 140 N.E.2d 870 FOUR MAPLE DRIVE REALTY CORP., Appellant, v. Charles ABRAMS, as State Rent Administrator, Respondent, and Harold Kelly et al., Intervenors-Respondents.
CourtNew York Court of Appeals Court of Appeals

Landlord brought proceeding under the Civil Practice Act, § 1283 et seq., against the State Rent Administrator to review determination of the State Rent Administrator denying protest with respect to adjustment of maximum rents.

The Court, Cortland A. Johnson, J., entered an order dismissing the proceeding, and the landlord appealed.

The Appellate Division, 2 A.D.2d 753, 153 N.Y.S.2d 747, affirmed the order and held that Section of the Rent Law of 1954, McK.Unconsol.Laws, § 8584, subd. 4(a)(1), providing that, in adjustment of maximum rents where rental is less than six per cent of valuation of property, ratio which assessed valuation bears to full valuation shall be computed by using equalization rate established by State Board of Equalization and Assessment for use in placing special franchise assessments on assessment rolls completed in 1953, was not repealed by implication by Rent Law of 1955.

The Appellate Division, 2 A.D.2d 781, 154 N.Y.S.2d 842, denied motion for leave to appeal to the Court of Appeals.

The landlord appealed to the Court of Appeals and motion was made to dismiss the appeal.

Motion to dismiss appeal granted and appeal dismissed with costs and ten dollars costs of motion, upon the ground that no substantial constitutional question is presented.

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5 cases
  • Sweeney v. Cannon
    • United States
    • New York Supreme Court — Appellate Division
    • March 29, 1965
    ...851, 122 N.E.2d 743; Matter of Four Maple Drive Realty Corp. v. Abrams, 2 A.D.2d 753, 153 N.Y.S.2d 747, appeal dismissed 2 N.Y.2d 837, 159 N.Y.S.2d 976, 140 N.E.2d 870, appeal dismissed 355 U.S. 14, 78 S.Ct. 22, 2 L.Ed.2d 21; Szold v. Outlet Embroidery Supply Co., 274 N.Y. 271, 280, 8 N.E.2......
  • Bucho Holding Co. v. Temporary State Housing Rent Commission
    • United States
    • New York Court of Appeals Court of Appeals
    • July 6, 1962
    ...2 A.D.2d 753, 153 N.Y.S.2d 747, motion for leave to app. den. 2 N.Y.2d 707, 163 N.Y.S.2d XC, 138 N.E.2d 345, app. dism. 2 N.Y.2d 837, 159 N.Y.S.2d 976, 140 N.E.2d 870, app. dism. 355 U.S. 14, 78 S.Ct. 22, 2 L.Ed.2d 21; Matter of Baldwin Gardens v. Weaver, 2 A.D.2d 753, 153 N.Y.S.2d 610, mot......
  • Roosevelt Raceway, Inc. v. Nassau County
    • United States
    • New York Court of Appeals Court of Appeals
    • June 9, 1966
    ...133 N.E.2d 817; Matter of Four Maple Drive Realty Corp. v. Abrams, 2 A.D.2d 753, 754, 153 N.Y.S.2d 747, 750, app. dsmd. 2 N.Y.2d 837, 159 N.Y.S.2d 976, 140 N.E.2d 870, app. dsmd. 355 U.S. 14, 78 S.Ct. 22, 2 L.Ed.2d 21; Spatt v. City of New York, 13 N.Y.2d 618, 240 N.Y.S.2d 605, 191 N.E.2d 9......
  • Johnson v. Space Saver Corp.
    • United States
    • New York Supreme Court
    • February 27, 1997
    ...function" (Four Maple Drive Realty Corp. v. Abrams, 2 A.D.2d 753, 754, 153 N.Y.S.2d 747 [2d Dept.1956], app. dism. 2 N.Y.2d 837, 159 N.Y.S.2d 976, 140 N.E.2d 870 [1957], app. dism. 355 U.S. 14, 78 S.Ct. 22, 2 L.Ed.2d 21 [1957] ). Thus viewed, this Court agrees with Justice Rappaport's concl......
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