Rosmor Realty Corp. v. Caviness
This text of 187 Misc. 348 (Rosmor Realty Corp. v. Caviness) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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Cite This Page — Counsel Stack
187 Misc. 348, 63 N.Y.S.2d 356, 1946 N.Y. Misc. LEXIS 2392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosmor-realty-corp-v-caviness-nyappterm-1946.