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SUPPUS v. BRADLEY

278 A.D. 337 (1951)

Max A. Suppus et al., Appellants, v. William Bradley et al., Respondents, and Joseph D. McGoldrick, as State Rent Administrator, Intervener, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 5, 1951.

Attorney(s) appearing for the Case

Milo O. Bennett for appellants.

Charles V. Scanlan for respondents.

Emory Gardiner of counsel (Robert H. Schaffer, attorney), for intervener, respondent.

PECK, P. J., DORE, CALLAHAN and SHIENTAG, JJ., concur in Per Curiam opinion; VAN VOORHIS, J., dissents and votes to reverse, in opinion.

Per Curiam.

Plaintiffs, landlords, attack the constitutionality of the State Residential Rent Law (L. 1946, ch. 274 as amd. by L. 1950, ch. 250) and the Rent and Eviction Regulations promulgated thereunder by the State Housing Rent Commission. Plaintiffs allege an absolute right to withdraw their property already on the rental market from such market without being required to procure a certificate of compelling necessity...

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