Opinion
November 26, 1958
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, CHARLES S. WHITMAN, JR., J.
Selig Lenefsky for appellant.
Herschman Gottlieb ( Milton Gottlieb of counsel), for respondent.
The court found that the alleged squatter had occupied the premises for a number of years with the permission of the tenant, the person entitled to occupancy. He could not be evicted pursuant to subdivision 4 of section 1411 of the Civil Practice Act ( Frazier v. Cropsey, 124 Misc. 367).
The final order should be reversed, with $30 costs, and final order directed for alleged squatter dismissing the petition on the merits, with costs.
Concur — HECHT, J.P., STEUER and TILZER, JJ.
Final order reversed, etc.