282 A.D. 126 | N.Y. App. Div. | 1953
Owners of adjoining buildings seek a declaratory judgment construing the demolition provisions in the emergency statutes applicable to residential and commercial properties (State Residential Rent Law, § 5, subd. 2, par. [c]; L. 1951, ch. 443; Rent and Eviction Regulations, § 58; Commercial Rent Law, § 8, subd. [c]; L. 1945, ch. 3, as amd. by L. 1952, ch. 416). The State Rent Commission and a number of the residential tenants of the buildings moved to dismiss the complaint for insufficiency. Special Term denied the motions, and the moving defendants appealed.
We find no such danger of conflict between the administrative agency and the courts entertaining summary proceedings which would require or justify an action of this kind for a declaratory judgment. The owners face no danger that they will be required to do two different things at the same time. The effect of having the two emergency laws applicable to the buildings is that owners must overcome two hurdles rather than one before they may proceed with the planned reconstruction. That is not too great a burden, provided they start with the State Rent Commission, instead of evicting first the commercial tenants, and then finding that the State Rent Commission will not authorize the reconstruction, or will not do so except on conditions not acceptable to the owners. Nor is it essential that the demolition provisions have the same meaning in both statutes. In the residential rent law there is a higher public interest protected and a different class of persons for whose benefit the State has chosen to exercise its police power. In the case
In thus holding, which we do as a matter of discretion on the facts alleged in this complaint, we do not preclude the Supreme Court from entertaining jurisdiction in an action for a declaratory judgment in this or another area involving administrative agencies where there is a showing that plaintiff is in a position where he will face inconsistent, unduly burdensome or arbitrary interference with the conduct of his affairs.
The orders insofar as appealed from should be reversed and tiie motions dismissing the complaint granted.
Dore, J. P., Callahan and Bergan, JJ., concur.
Orders unanimously reversed, with one bill of $20 costs and disbursements to the appellants and the motions to dismiss the complaint granted.