Appellate Division of the Supreme Court of New York, 1952

Natalicchio v. McGoldrick

Natalicchio v. McGoldrick
Appellate Division of the Supreme Court of New York · Decided January 14, 1952
279 A.D. 796; 109 N.Y.S.2d 431; 1952 N.Y. App. Div. LEXIS 4855
Natalicchio v. McGoldrick

Opinion of the Court

Substantial evidence having been adduced before the State Rent Administrator to warrant his determination, the Special Term was without authority to substitute its judgment for that of the State Rent Administrator. (Matter of Kaplan v. McGoldrick, 279 App. Div. 615.) In view of the foregoing, the motion to dismiss the appeal of the intervener, renewed on argument, is dismissed as academic. Carswell, Acting P. J., Johnston, Adel, Wenzel and MaeCrate, JJ., concur. [See post, p. 869.]

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