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2025 Broadway, Inc. v. Wolf

187 Misc. 1065 Court Supreme Court, Appellate Term, First Department, Decision date 1946-11-07 English

Contents

Majority

p. 1065
2025 Broadway, Inc., Landlord, Respondent, v. Maria Wolf et al., Tenants, Appellants.
Supreme Court, Appellate Term, First Department,
November 7, 1946.
p. 1066
John J. Mangini for appellants.
Irving S. Freedman for respondent.

Memorandum

The landlord’s proofs do not show the violation of a substantial obligation of the tenancies within the meaning of paragraph (3) of subdivision (a) of section 6 of the Bent Regulation for Housing in the New York City Defense-Rental Area (8 Federal Register 13918) so as to authorize summary proceedings for removal of the tenants; and such removal would seem inconsistent with the legislative intent manifested in section 261 of the Multiple Dwelling Law. (See, also,'Multiple Dwelling Law, § 260, ás ámd. by-L. 1946, ch. 180.)

The final orders should be reversed, with $30 costs as of one appeal, and final ordérs directed for the tenants, with costs.

McLaughlin, Eder and Heoht, JJ., concur.

Orders reversed, etc.

Statutes and regulations cited