63 Building Corp. v. Schlacter
This text of 21 Misc. 2d 256 (63 Building Corp. v. Schlacter) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It clearly appears from the evidence that the occupant moved into the apartment after the statutory tenant had vacated therefrom, and without the permission of the landlord. The occupancy under such circumstances was an intrusion or squatting within the purview of subdivision 4 of section 1411 of the Civil Practice Act. (Hunt v. Gilmore, 198 Misc. 50.)
The final order should he unanimously reversed on the law and facts, with $30 costs to landlord, and final order directed for landlord as prayed for in the petition.
Concur — Pette, Di Giovanna and Brown, JJ.
Final order reversed, etc.
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21 Misc. 2d 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/63-building-corp-v-schlacter-nyappterm-1959.