
    Rosmor Realty Corp., Landlord, Respondent, v. Dorothy Caviness et al., Tenants, Appellants. 
    Supreme Court, Appellate Term, First Department,
    June 6, 1946.
    
      
      Mortimer Goodman for appellants.
    
      Mark L. Giller for respondent.
   Per Curiam.

Memorandum The petition does not state facts conferring jurisdiction in this proceeding. It fails to allege facts to show the alleged breach and the commission of a nuisance. It also fails to allege that the notice required by paragraph (3) of subdivision (a) of section 6 of the Rent Regulation for Housing-in the New York City Defense-Rental Area (8 Federal Register 13918) has been served (Shelton Management Corp. v. Rosenkrants, 184 Misc. 355; Gilroy v. Becker, 186 Mise. 93).

The final order should be reversed, with $30 costs, and petition dismissed, with costs, without prejudice to a new proceeding.

Shientag, McLaughlin and Hecht, JJ., concur.

Order reversed, etc.  