Opinion
June 13, 1946.
Appeal from the Municipal Court of the City of New York, Borough of The Bronx, McGRATH, J.
Isidore Dollinger for appellants.
Louis B. Frutkin for respondent.
MEMORANDUM
Upon the expiration of the date fixed in the notice for the termination of the tenancy and upon the issuance by the Office of Price Administration of its certificate of eviction the landlords became entitled to a final order of dispossess under the applicable provisions of subdivision 1 of section 1410 of the Civil Practice Act. The defense of lack of good faith on the part of the landlords has no application to a proceeding brought under the provisions of subdivision (b) of section 6 of the Federal Rent Regulation for Housing in the New York City Defense-Rental Area ( 8 Federal Register 13918). ( Metropolitan Life Ins. Co. v. Schottland, 185 Misc. 125, mod. 270 A.D. 915.)
The final order in favor of tenant should be reversed, with $30 costs, and final order directed in favor of the landlords, with costs.
HAMMER, SHIENTAG and HECHT, JJ., concur.
Order reversed, etc.