Opinion
October 19, 1956
Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, LOUIS G. ANDREOZZI, J.
George Green for appellant.
Schwaber Berman for respondent.
The failure to serve a notice to cure, as required by subdivision 1 of section 52 of the State Rent and Eviction Regulations, was fatal to the maintenance of this proceeding insofar as it was based upon the tenant's violation of a substantial obligation of his tenancy. Furthermore, there was no evidence that the tenant's removal would cure the condition which was responsible for the filing of the violation against the entire building.
The final order should be unanimously reversed upon the law and the facts, with $30 costs to tenant, and petition dismissed without prejudice to any further proceedings on the part of the landlord if it be so advised.
HART, ARKWRIGHT and BROWN, JJ., concur.
Final order reversed, etc.