Appellate Terms of the Supreme Court of New York, 1946

Rosmor Realty Corp. v. Caviness

Appellate Terms of the Supreme Court of New York · Decided June 6, 1946

187 Misc. 348; 63 N.Y.S.2d 356; 1946 N.Y. Misc. LEXIS 2392

Counsel

Mortimer Goodman for appellants., Mark L. Giller for respondent.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.