Opinion
April 11, 1946.
Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, BROCK, J.
William Reich for appellants.
Meyer Wiener for respondents.
MEMORANDUM
The landlords failed to establish an "immediate compelling necessity" (Rent Regulation for Housing in New York City Defense-Rental Area, § 6, subd. [a], par. [6]; 10 Federal Register 11667) for the apartment presently occupied by the tenants. Such necessity "imports more than desire or convenience" and must be "real, immediate and urgent." (Rent Regulation for Housing with Official Interpretations, § 6, subd. [a], par. [6], Interpretation VIII, issued Jan. 10, 1946.)
The final order and judgment should be unanimously reversed upon the law and facts, with $30 costs to the tenants, and petition dismissed, with appropriate costs in the court below.
MacCRATE, McCOOEY and STEINBRINK, JJ., concur.
Order and judgment reversed, etc.