Opinion
June 6, 1946.
Appeal from the Municipal Court of the City of New York, Borough of The Bronx, LORETO, J.
Mortimer Goodman for appellants.
Mark L. Giller for respondent.
MEMORANDUM
The petition does not state facts conferring jurisdiction in this proceeding. It fails to allege facts to show the alleged breach and the commission of a nuisance. It also fails to allege that the notice required by paragraph (3) of subdivision (a) of section 6 of the Rent Regulation for Housing in the New York City Defense-Rental Area ( 8 Federal Register 13918) has been served ( Shelton Management Corp. v. Rosenkrantz, 184 Misc. 355; Gilroy v. Becker, 186 Misc. 93).
The final order should be reversed, with $30 costs, and petition dismissed, with costs, without prejudice to a new proceeding.
SHIENTAG, McLAUGHLIN and HECHT, JJ., concur.
Order reversed, etc.