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63 BLDG. CORP. v. SCHLACTER

21 Misc.2d 256 (1959)

63 Building Corp., Appellant, v. "Jack" Schlacter, Respondent.

Supreme Court, Appellate Term, Second Department.

December 11, 1959.

Attorney(s) appearing for the Case

Ira Sacks for appellant.

Amadeo L. Lauritano and Irwin D. Schlacter for respondent.

Concur — PETTE, DI GIOVANNA and BROWN, JJ.

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.)

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