Majority
p. 215Louis Kaplan et al., Respondents, v. Ida Volk et al., Appellants. Third Department, January 7, 1948.
Arthur C. Kyle, attorney (Ellsworth Baker of counsel), for appellants.
Goldstein & Goldstein, attorneys (Benjamin M. Goldstein of counsel), for respondents.
Appeal from a final order in summary proceedings prosecuted in Sullivan County Court (Spbiggs, J.),
p. 216
The 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.