Rosmor Realty Corp. v. Caviness

Appellate Terms of the Supreme Court of New York

Rosmor Realty Corp. v. Caviness

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

Appellate Terms of the Supreme Court of New York·Decided June 6, 1946·Published·Cited by 1 cases

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.

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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.

Rosmor Realty Corp. v. Caviness, 187 Misc. 348, 63 N.Y.S.2d 356, 1946 N.Y. Misc. LEXIS 2392 (N.Y. Ct. App. 1946).

Pincite

187 Misc. 348 (Rosmor Realty Corp. v. Caviness) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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