PELHUT REALTY CO. v. WHITE


77 Misc.2d 585 (1973)

Pelhut Realty Co., Appellant, v. Dorothy White, Respondent.

Supreme Court, Appellate Term, Second Department.

May 14, 1973


Attorney(s) appearing for the Case

Myron Marcus for appellant. Herbert N. Posner for respondent.

Concur — HOGAN, P. J., McCULLOUGH and FARLEY, JJ.


Per Curiam.

Final judgment unanimously reversed, with $10 costs to landlord to abide the event, motion to dismiss petition denied, and matter remanded to the court below for trial.

The court was not divested of jurisdiction over the subject matter of the proceeding because the petition failed to allege compliance with the Economic Stabilization Regulations (Rosgro Realty Co. v. Braynen,

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