
    Monterey Apartments, Inc., Landlord, Appellant, v. John E. Burt, Tenant, Respondent. 
    Supreme Court, Appellate Term, First Department,
    December 6, 1944.
    
      
      Isidor Enselman and Asher Goldfard for appellant.
    
      Frederick C. Sheel for respondent.
   Memorandum

Per Curiam.

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.  