
    821 Carroll St. Co., Respondent, v. Dave Moiski, Appellant.
    Supreme Court, Appellate Term, Second Department,
    March 24, 1959.
    
      Harry Karsh for appellant.
    
      Sydney Rothstein for respondent.
   Per Curiam.

The discontinuance of tenant’s services as a part-time janitor did not affect his rights as a statutory tenant of the subject controlled apartment (Filmat Realty Corp. v. Carleo, 186 Misc. 717; Opinion of State Rent Administrator No. 42; State Rent and Eviction Regulations, § 16; cf. Matter of Friedman v. Weaver, 3 N Y 2d 123).

The final order should be unanimously reversed upon the law and facts, with $30 costs to the tenant and petition dismissed, with appropriate costs in the court below.

Concur — Pette, Di Gtovanna and Benjamin, JJ.

Final order reversed, etc.  