| N.Y. App. Term. | Dec 6, 1944
Memorandum
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.