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Monterey Apartments, Inc. v. Burt

183 Misc. 1060 Court Supreme Court, Appellate Term, First Department, Decision date 1944-12-06 English

Contents

Majority

p. 1060
Monterey Apartments, Inc., Landlord, Appellant, v. John E. Burt, Tenant, Respondent.
Supreme Court, Appellate Term, First Department,
December 6, 1944.
p. 1061
Isidor Enselman and Asher Goldfard for appellant.
Frederick C. Sheel for respondent.

Memorandum

The violation filed pursuant to section 309 of the Multiple Dwelling Law by the Department of Housing and Buildings created a prima facie case for the landlord. It was error to dismiss the petition at the close of the landlord’s case.

The final order should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.

Hammer, Shientag and Hecht, JJ., concur.

Order reversed, etc.

Statutes and regulations cited