Kaplan v. Sessler

197 Misc. 270, 97 N.Y.S.2d 642, 1950 N.Y. Misc. LEXIS 1684

• Court: Appellate Terms of the Supreme Court of New York
• Decided: March 9, 1950
• Status: Published

Opinion

Per Curiam.

The maintenance of a television aerial or wire running from a window of respondents’ apartments to the roof of the premises was, under the circumstances disclosed, an intrusion or squatting upon the landlords ’ property within the purview of section 1411 of the Civil Practice Act (Goldstein v. Alweiss, 196 Misc. 513, and reports therein cited; see, also, Joan Building Corp. v. Gould, 276 App. Div. 765).

The final orders should be unanimously reversed upon the law, with $30 costs to landlords, and final orders directed for landlords as prayed for in the petitions.

Steinbbink, Rubenstein and Golden, JJ., concur.

Final orders reversed, etc.