Appellate Terms of the Supreme Court of New York, 1959

63 Building Corp. v. Schlacter

63 Building Corp. v. Schlacter
Appellate Terms of the Supreme Court of New York · Decided December 13, 1959
21 Misc. 2d 256

Counsel

Ira Sacks for appellant., Amadeo L. Lauritano and Irwin D. Schlacter for respondent.

63 Building Corp. v. Schlacter

Opinion of the Court

Per Curiam.

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.

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