New York Court of Appeals, 1980

Garden Towers Co. v. New York State Division of Housing & Community

New York Court of Appeals · Decided November 18, 1980 · Cooke, Fuchsberg, Gabrielli, Jasen, Jones, Meyer, Wachtler

51 N.Y.2d 968; 416 N.E.2d 1042; 435 N.Y.S.2d 707; 1980 N.Y. LEXIS 2806

Cases that cite this one

2 later published cases cite this decision.

Calenzo v. Shah (Appellate Division of the Supreme Court of New York 2013)
Calenzo v. Shah (Appellate Division of the Supreme Court of New York 2013)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

Determination appealed from and order of the Appellate Division brought up for review affirmed, with costs. Petitioner’s operation was conducted on a cash basis as distinguished from an accrual basis method of accounting. In view of this circumstance the determination of the Division of Housing and Community Renewal, which was based in part upon the inclusion of certain 1975 rental rollback recoveries in petitioner’s 1976 income, may not be said to be arbitrary and capricious, or, indeed, an abuse of discretion.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum; Judge Meyer taking no part.

Determination affirmed, etc.

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