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Matter of Bronx Park East Company v. Weaver

Appellate Division of the Supreme Court of New York, First Department
Feb 4, 1958
5 A.D.2d 810 (N.Y. App. Div. 1958)

Summary

In Matter of Bronx Park East Co. v. Weaver (5 A.D.2d 810) we inferentially placed our imprimatur on the use of the formula in agent-managed properties.

Summary of this case from Matter of Philip-Toby Realties v. Weaver

Opinion

February 4, 1958


Order unanimously affirmed, with $20 costs and disbursements to the respondent. The question presented on this appeal is whether the action of the respondent Administrator was arbitrary and capricious in disallowing a certain sum as an operating expense. Since the appellant has been allowed full management commissions and expenses, and the enumerated duties of the assistant superintendent (though paid by appellant) were clearly within the scope of management functions, we think to answer the question in the affirmative would be to sanction a duplication of such operating expense.

Concur — Rabin, J.P., Frank, Valente, McNally and Stevens, JJ.


Summaries of

Matter of Bronx Park East Company v. Weaver

Appellate Division of the Supreme Court of New York, First Department
Feb 4, 1958
5 A.D.2d 810 (N.Y. App. Div. 1958)

In Matter of Bronx Park East Co. v. Weaver (5 A.D.2d 810) we inferentially placed our imprimatur on the use of the formula in agent-managed properties.

Summary of this case from Matter of Philip-Toby Realties v. Weaver
Case details for

Matter of Bronx Park East Company v. Weaver

Case Details

Full title:In the Matter of BRONX PARK EAST COMPANY, Appellant, against ROBERT C…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 4, 1958

Citations

5 A.D.2d 810 (N.Y. App. Div. 1958)

Citing Cases

Matter of Philip-Toby Realties v. Weaver

( Matter of Dicmac Holdiing Co., v. Weaver, 4 A.D.2d 859.) In Matter of Bronx Park East Co. v. Weaver ( 5…