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Garvin v. Cole

53 Misc. 2d 647 Court Supreme Court, Appellate Term, First Department, Decision date 1967-02-23 English

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p. 647
Catherine Garvin, Respondent, v. Leah Cole et al., Appellants.
Supreme Court, Appellate Term, First Department,
February 23, 1967.
Leo Lilienfeld and Frank Rosenblum for appellants. Weisstein & Weisstein (Marvin A. Cooper of counsel), for respondent.

Section 53 of the New York City Rent, Eviction and Rehabilitation Regulations sets forth the procedures to be followed in proceedings to evict a tenant. The landlord’s failure to allege and prove compliance with the mandatory provisions thereof rendered its application fatal. (Grant v. Morris, 18 A D 2d 896 .) This section may neither be waived by the parties nor can their consent confer jurisdiction (Ferber v. Apfel, 113 App. Div. 720 , 723).

Final judgment should be reversed, with $30 costs, and final judgment directed in favor of tenants dismissing the petition, without prejudice.

Concur — Streit, J. P., Hofstadter and Tilzer, JJ.

Final judgment reversed, etc.