Opinion
June 26, 1945.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, LEWIS, J.
Myron Engelman for appellant.
David 1. Michaelson for respondent.
MEMORANDUM
No right of action was given to plaintiff by reason of defendant's alleged failure to comply with the provisions of the Sanitary Code ( Sheafer v. Breen, Inc., 263 A.D. 135).
The order should be reversed and defendant's motion for summary judgment granted, with $10 costs.
HAMMER, SHIENTAG and EDER, JJ., concur.
Order reversed, etc.