Opinion
June 28, 1948.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, GOODMAN, J.
Irwin Gray for appellants.
Samuel Ecker for respondents.
The petition is jurisdictionally defective for failure to allege the incorporation in the lease of a conditional limitation in the event of breach of any covenant. ( Parkton Estates, Inc., v. Metcalf, 72 N.Y.S.2d 324.) The mere allegation of a breach of a substantial obligation of tenancy without alleging the contractual right to terminate the tenancy is insufficient to sustain a summary proceeding ( 89-09 Sutphin Corp. v. Scarinzi, 187 Misc. 536).
The final order should be reversed, with $30 costs, and petition dismissed, with costs, without prejudice to a new proceeding.
CHURCH and HECHT, JJ., concur; HOFSTADTER, J., concurs in result.
Final order reversed, etc.