Legal Opinion

Monterey Apartments, Inc. v. Burt

Appellate Terms of the Supreme Court of New York

Decided December 6, 1944PublishedCited by 1 opinion

1Opinion of the Court

Memorandum

2Per curiam

The violation filed pursuant to section 309 of the Multiple Dwelling Law by the Department of Housing and Buildings created a prima facie case for the landlord. It was error to dismiss the petition at the close of the landlord’s case.

The final order should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.

Hammer, Shientag and Hecht, JJ., concur.

Order reversed, etc.

3Cited by1 opinion

  1. Tompkins v. KornfeldAppellate Terms of the Supreme Court of New York · 1946