Opinion
November 7, 1946.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, RAFFERTY, J.
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 Rent 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 Mult. Dwell. of the Multiple Dwelling Law. (See, also, Multiple Dwelling Law, § 260, as amd. by L. 1946, ch. 180.)
The final orders should be reversed, with $30 costs as of one appeal, and final orders directed for the tenants, with costs.
McLAUGHLIN, EDER and HECHT, JJ., concur.
Orders reversed, etc.