and safe, but this has nothing to do with preventing an owner from demolishing the building at his election or from withdrawing his property from the rental market. This question was reserved in Matter of Emray Realty Corp. v. McGoldrick (307 N. Y. 772) and it is neither necessary nor suitable to decide it on this appeal where the question is not presented. The case of Loab Estates v. Druhe (300 N. Y. 176) is distinguished in the dissenting opinion in Suppus v. Bradley (278 App. Div. 337, 340) nor, insofar as I am aware, has this court ever repudiated the reasoning of that dissent insofar as withdrawal from the market is concerned.
Chief Judge Desmond and Judges Dye, Burke, Scileppi and Bergan concur with Judge Fuld; Judge Van Voorhis concurs in a separate opinion.
Order affirmed.