Kaplan v. Volk

Full title: LOUIS KAPLAN et al., Respondents, v. IDA VOLK et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 7, 1948

273 App. Div. 215 (N.Y. App. Div. 1948)

76 N.Y.S.2d 307

Opinion

January 7, 1948.

Appeal from Sullivan County Court, SPRIGGS, Special County Judge.

Arthur C. Kyle, attorney ( Ellsworth Baker of counsel), for appellants.

Goldstein Goldstein, attorneys ( Benjamin M. Goldstein of counsel), for respondents.

Per Curiam.

Appeal from a final order in summary proceedings prosecuted in Sullivan County Court (SPRIGGS, J.). The petitioners are tenants of real property in the county of Sullivan under a lease which has several years to run. Defendant-appellant Elliott entered upon the premises under a claimed subsequent lease made with the other appellants.

The application to remove a squatter may be made by a person forcibly kept out of possession. (Civ. Prac. Act, § 1414, subd. 3; People ex rel. Wheeler v. Shorb, 14 Hun 112; Koenig v. Eagle Waist Co., 176 App. Div. 726.) The petitioners were entitled to the relief given.

The order should be affirmed, with $25 costs and disbursements.

HILL, P.J., HEFFERNAN, FOSTER, RUSSELL and DEYO, JJ., concur.

Order affirmed, with $25 costs and disbursements.