Opinion
October 25, 1956
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, CORNELIUS D. McNAMARA, J.
Benjamin E. Lander for appellants.
Norman S. Fenton and Nathan Heller for intervenor-appellant.
Joseph A. Monica for respondent.
A Board of Estimate resolution changing the grade of a street and a direction to the landlord to correct the foundation of his building in accordance with such modification, do not thereby render occupancy of housing accommodations illegal and thus obviate the necessity of procuring a certificate of eviction from the Rent Administrator ( Garber v. Egger, 132 N.Y.S.2d 371).
The orders should be reversed, with $10 costs, and motion granted.
EDER, HECHT and TILZER, JJ., concur.
Orders reversed, etc.