
    Connecticut Investors Corporation, Respondent, v. Erwin Strasser et al., Appellants.
    Supreme Court, Appellate Term, First Department,
    November 20, 1958.
    
      
      Arthur H. Beyer for appellants.
    
      Bart T. Manfredi for respondent.
   Per Curiam.

Dismissal of the petition was required upon the uncontradicted proof of acceptance of rent between the time of the notice served pursuant to subdivision 2 of section 52 and subdivision 2 of section 53 of the State Bent and Eviction Regulations and the commencement of the summary proceeding. (Guy v. Furman, 4 Misc 2d 564.)

The final order should be reversed, with $30 costs, and petition dismissed, with costs, without prejudice to renewal upon proper notice.

Concur — Hecht, J. P., Steuer and Tilzer, JJ.

Final order reversed, etc.  