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MATTER OF FIESTA REALTY CORP. v. McGOLDRICK, SANTIAGO

Court of Appeals of the State of New York.
Mar 11, 1955

Order reversed and petition dismissed, without costs, upon the ground that the order of remand by the State Rent Administrator to the local rent administrator to fix maximum rent did not finally determine the rights of the parties, and that whether this building is subject to rent control cannot be reviewed under these circumstances until a maximum rent has been fixed (Civ. Prac. Act, § 1285, subd. 3; L. 1946, ch. 274, § 9, subd. 1, as amd. by L. 1951, ch. 443). No opinion.

Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ.