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34 7 REALOPP CORP., Appellant, v. SEAFOOD CITY, INC., Respondent

Per Curiam.

The failure to allege in the petition that "the premises are not a multiple dwelling" as required by the New York City Civil Court Rules (22 NYCRR 2900.21 [f]), is a defect which can be amended by motion at any time before conclusion of the trial ( Rosgro Realty Co. v. Braynen, 70 Misc.2d 808; Presta v. Circle Studios, N.Y.L.J., April 7, 1972, p. 2, col. 5).

The other objections raised as to jurisdiction have no merit.

The order should be reversed with $10 costs, and motion to dismiss the petition should be denied, matter remitted to the court below for trial of the traverse.

Concur — STREIT, J.P., QUINN and GOLD, JJ.

Order reversed, etc.

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34 7 REALOPP CORP. v. SEAFOOD CITY, INC
(May 22, 1972)