Appellate Terms of the Supreme Court of New York, 1958

Johnson v. Davis

Appellate Terms of the Supreme Court of New York · Decided November 26, 1958

17 Misc. 2d 148; 183 N.Y.S.2d 910; 1958 N.Y. Misc. LEXIS 2285

Counsel

Selig Lenefsky for appellant., Herschman Gottlieb (Milton Gottlieb of- counsel), for respondent.

Opinion of the Court

Per Curiam.

The court found that the alleged squatter had occupied the premises for a number of years with the permission *149of 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 — Heoht, J. P., Steuer and Tilzer, JJ.

Final order reversed, etc.

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