Appellate Division of the Supreme Court of New York, 1948

Kaplan v. Volk

Appellate Division of the Supreme Court of New York · Decided January 7, 1948

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

Counsel

Arthur C. Kyle, attorney (Ellsworth Baker of counsel), for appellants., Goldstein & Goldstein, attorneys (Benjamin M. Goldstein of counsel), for respondents.

Opinion of the Court

Per Curiam.

Appeal from a final order in summary proceedings prosecuted in Sullivan County Court (Spbiggs, J.), *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.