367 REALTY CORP. v. ALVAREZ


23 Misc.2d 952 (1960)

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

Supreme Court, Appellate Term, Second Department.

March 22, 1960.


Attorney(s) appearing for the Case

William Hirsch for appellant. No one appearing for respondent.

Concur — DI GIOVANNA, BENJAMIN and DALY, JJ.


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...

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