Monterey Apartments, Inc. v. Burt

Memorandum Per 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.