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186 Misc. 348

Carbonelli v. Bremer

Appellate Terms of the Supreme Court of New York · decided 1946-02-07

Cited by 2 later decisions — most recently October 1958

2 state decisions

Relies on Gilroy v. Becker · Shelton Management Corp. v. Rosenkrantz

Good law ✅— No negative treatment on recordhow we know

Decided 1946-02-07

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Memorandum Per Curiam.

¶1On its face the petition is insufficient to sustain the summary proceeding. Although, as stated, the certificate authorized the landlord to maintain the proceeding so that she may occupy the apartment as her dwelling, there is no allegation in the petition that any such occupancy is desired; none of the exceptions to subdivision (a) of section 6 of the Rent Regulation for Housing in the New York City Defense-Rental Area (8 Federal Register 13914, 13917) is pleaded; and the certificate is manifestly insufficient to confer jurisdiction. (Shelton Management Corp. v. Rosenkrantz, 184 Misc. 355; Gilroy v. Becker, 186 Misc. 93.)

¶2The final order should be reversed, with $30 costs, and petition dismissed, with costs.

¶3Hammer, ¡Shientag and Hecht, JJ., concur.

¶4Order reversed, etc.

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