23 Misc. 2d 952

367 Realty Corp., Appellant, v. Rafael Alvarez, Respondent.

Supreme Court, Appellate Term, Second Department,

March 22, 1960.

William Hirsch for appellant. No one appearing for respondent.

*953 Per Curiam.

It was improper to vacate final order upon the ground that landlord had failed to prove that a copy of the notice to vacate had been served upon the Local Rent Office, as required by section 53 of the State Rent and Eviction Regulations. Due service of this notice was established at the trial. The ground asserted by the tenant as a basis for such vacatur, namely, failure to serve upon the Local Rent Office a copy of the 10 days’ notice to cure the violation, is likewise untenable since there is no such requirement in the regulations.

The order should be unanimously reversed upon the law and facts, without costs, and motion to vacate final order in favor of landlord denied. Issuance of warrant stayed to and including April 30, 1960, on condition that tenant continue to pay for use and occupation the same monthly rent as heretofore, in advance.

Concur — Di Giovanna, Benjamin and Daly, JJ.

Order reversed, etc.

367 Realty Corp. v. Alvarez
23 Misc. 2d 952

Case Details

Name
367 Realty Corp. v. Alvarez
Decision Date
Mar 22, 1960
Citations

23 Misc. 2d 952

Jurisdiction
New York

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