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Appellate Terms of the Supreme Court of New York, 1952

Ingber Realty Corp. v. Weintraub

Ingber Realty Corp. v. Weintraub
Appellate Terms of the Supreme Court of New York · Decided February 28, 1952
5 Misc. 2d 942; 112 N.Y.S.2d 901; 1952 N.Y. Misc. LEXIS 1555

Counsel

Max J. Goldblatt for appellant., No one appearing for respondent.

Ingber Realty Corp. v. Weintraub

Opinion of the Court

Per Curiam.

The fixation of the rental in this case by the court below was unauthorized. Where administrative procedures are afforded, no resort may be had to a court until the complete exhaustion of such administrative procedures (Suppus v. Bradley, 278 App. Div. 337).

The final order so far as appealed from should be reversed, without costs, without prejudice to further proceeding by tenant before the rent commission.

Hammer, Hoestadter and Eder, JJ., concur.

Final order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.