MONTEREY APTS. v. BURT

MEMORANDUM

Per Curiam.

The violation filed pursuant to section 309 Mult. Dwell. 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.