Opinion
December 15, 1932.
Appeal from the Municipal Court of City of New York, Borough of Brooklyn, Fifth District.
Kreutzer Slack [ Meyer H. Slack of counsel], for the appellant.
Hays, St. John, Abramson Schulman [ Alan S. Hays of counsel], for the respondent.
Final order unanimously reversed upon the law, with ten dollars costs to appellant. It is conceded that defendant's original entry upon the premises was lawful, and, therefore, she was not an intruder or a squatter within the provisions of subdivision 4 of section 1411 of the Civil Practice Act. (6 Wait N.Y. Prac. [3d ed.] 300, and cases cited; Matter of Stockwell v. Washburn, 59 Misc. 543; Frazier v. Cropsey, 124 id. 367; Williams v. Alt, 186 A.D. 235; affd., 226 N.Y. 283.)
All concur; present, MacCRATE, LEWIS and JOHNSTON, JJ.