Opinion
January 26, 1948.
Judgment of a city magistrate, holding a Court of Special Sessions of the City of New York, Borough of Brooklyn, convicting the defendant of a violation of the Multiple Dwelling Law and imposing a fine, reversed on the law, the information dismissed and the fine remitted. There was no proof of compliance with subdivision 1 of section 326 Mult. Dwell. of the Multiple Dwelling Law, in respect of the service of a notice or an order upon the defendant relative to the alleged violations. Proof of timely service thereof was indispensable to a finding of guilt. ( People v. Sagat, 204 App. Div. 485.) The cases invoked by the respondent are not to the contrary. The case of Tenement House Department v. Weil ( 76 Misc. 273, 275), relied upon in People v. Whitelow (166 N.Y.S. 141 [not officially published], is in accord with the later but more authoritative case of People v. Sagat ( supra). Lewis, P.J., Carswell, Johnston, Adel and Wenzel, JJ., concur.