Four Maple Drive Realty Corp. v. Abrams

• Decision Date: 17 January 1957
• Citation: 140 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.
• Court: New York Court of Appeals Court of Appeals

Page 976

159 N.Y.S.2d 976

2 N.Y.2d 837, 140 N.E.2d 870

FOUR MAPLE DRIVE REALTY CORP., Appellant, v.Charles ABRAMS, as State RentAdministrator, Respondent, and Harold Kelly et al., Intervenors-Respondents.

Court of Appeals of New York.

Jan. 17, 1957.

Appeal from Suprme Court, Appellate Division, Second Department, 2 A.D.2d 753, 153 N.Y.S.2d 747.

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...