Opinion
December 17, 1959
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, MAXWELL SHAPIRO, J.
Doles Walker ( Cora T. Walker of counsel), for appellants.
Nathaniel Borah and Sheldon Lowe for respondent.
Assuming arguendo that the alleged dangerous condition of the beams falls within the provision of subdivision 3 of section 52 of the State Rent and Eviction Regulations, the failure of the landlord to allege in the petition, and prove upon the trial, compliance with subdivision 3 of section 53 of the Rent Regulations, requiring the filing with the Local Rent Administrator, within 48 hours, of a copy of the notice served on the tenants under subdivision 1 of said section 53, was fatal. We so held in 183-185 Hester St. Corp. v. Dibari ( 14 Misc.2d 1004).
The final orders herein should be reversed, with $30 costs, and final orders directed in favor of each tenant-appellant, with costs as of one appeal.
Concur — STEUER, J.P., AURELIO and TILZER, JJ.
Final orders reversed, etc.