| N.Y. App. Term. | Jun 26, 1945

Memorandum Per Curiam.

No right of action was given to plaintiff by reason of defendant’s alleged failure to comply with the provisions of the Sanitary Code (Sheafer v. Breen, Inc., 263 A.D. 135" date_filed="1941-12-12" court="N.Y. App. Div." case_name="Sheafer v. Joseph Breen, Inc.">263 App. Div. 135).

The order should be reversed and defendant’s motion for summary judgment granted, with $10 costs.

Hammer, Shientag and Eder, JJ., concur.

Order reversed, etc.

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