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GARVIN v. COLE

53 Misc.2d 647 (1967)

Catherine Garvin, Respondent, v. Leah Cole et al., Appellants.

Supreme Court, Appellate Term, First Department.

February 23, 1967

Attorney(s) appearing for the Case

Leo Lilienfeld and Frank Rosenblum for appellants. Weisstein & Weisstein (Marvin A. Cooper of counsel), for respondent.

Concur — STREIT, J. P., HOFSTADTER and TILZER, JJ.

Per Curiam.

Section 53 of the New York City Rent, Eviction and Rehabilitation Regulations sets forth the procedures to be followed in proceedings to evict a tenant. The landlord's failure to allege and prove compliance with the mandatory provisions thereof rendered its application fatal. (Grant v. Morris, 18 A.D.2d 896.) This section may neither be waived by the parties nor can their consent confer jurisdiction (

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