Opinion
November 20, 1958
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, ALFRED M. ASCIONE, J.
Arthur H. Beyer for appellants.
Bart T. Manfredi for respondent.
Dismissal of the petition was required upon the uncontradicted proof of acceptance of rent between the time of the notice served pursuant to subdivision 2 of section 52 and subdivision 2 of section 53 of the State Rent and Eviction Regulations and the commencement of the summary proceeding. ( Guy v. Furman, 4 Misc.2d 564.)
The final order should be reversed, with $30 costs, and petition dismissed, with costs, without prejudice to renewal upon proper notice.
Concur — HECHT, J.P., STEUER and TILZER, JJ.
Final order reversed, etc.