TEACHERS COL. COLUMBIA UNIV. v. CLAUSSELL


67 Misc.2d 826 (1971)

Teachers College of Columbia University et al., Petitioners, v. Mike Claussell, Respondent.

Civil Court of the City of New York, Trial Term, New York County.

October 6, 1971


Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy (John C. Schnaufer and John W. Dean of counsel), for Teachers College of Columbia University, petitioner. Hughes, Hubbard & Reed (Edward A. McCoyd of counsel), for Union Theological Seminary, petitioner. Charles J. Brennan for respondent.


IRVING YOUNGER, J.

A tenant moves out. Observing the vacant apartment, a passerby moves in. He becomes a squatter, and the landlord may bring a summary proceeding under subdivision 3 of section 713 of the Real Property Actions and Proceedings Law to recover possession of the premises. (Danziger v. Leonilo, 191 N.Y.S. 709 [App. Term, 1st Dept., 1922].)

Let the passer-by move in with the tenant's consent, however, and he becomes something...

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