Opinion
December 6, 1944.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, CARNEY, J.
Isidor Enselman and Asher Goldfard for appellant.
Frederick C. Sheel for respondent.
MEMORANDUM
The violation filed pursuant to section 309 Mult. Dwell. of the Multiple Dwelling Law by the Department of Housing and Buildings created a prima facie case for the landlord. It was error to dismiss the petition at the close of the landlord's case.
The final order should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.
HAMMER, SHIENTAG and HECHT, JJ., concur.
Order reversed, etc.