Kaplan v. Volk

Appellate Division of the Supreme Court of New York

Kaplan v. Volk

273 A.D. 215, 76 N.Y.S.2d 307

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 7, 1948

StatusPublished

Cited by2 cases

This text of 273 A.D. 215 (Kaplan v. Volk) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kaplan v. Volk, 273 A.D. 215, 76 N.Y.S.2d 307 (N.Y. Ct. App. 1948).

Pincite

Opinion

Per Curiam.

Appeal from a final order in summary proceedings prosecuted in Sullivan County Court (Spbiggs, J.), [216]*216The 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., Heeebrnan, Foster, Russell and Deyo, JJ., concur.

Order affirmed, with $25 costs and disbursements.

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