Rosmor Realty Corp. v. Caviness

Court: Appellate Terms of the Supreme Court of New York
Date filed: 1946-06-06
Citations: 187 Misc. 348
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Lead Opinion
Per Curiam.

Memorandum The petition does not state facts conferring jurisdiction in this proceeding. It fails to allege facts to show the alleged breach and the commission of a nuisance. It also fails to allege that the notice required by paragraph (3) of subdivision (a) of section 6 of the Rent Regulation for Housing-in the New York City Defense-Rental Area (8 Federal Register 13918) has been served (Shelton Management Corp. v. Rosenkrants, 184 Misc. 355; Gilroy v. Becker, 186 Mise. 93).

The final order should be reversed, with $30 costs, and petition dismissed, with costs, without prejudice to a new proceeding.

Shientag, McLaughlin and Hecht, JJ., concur.

Order reversed, etc.