Majority
p. 1064Samuel Rubin & Son, Inc., Respondent, v. Albert Sackler, Appellant. Supreme Court, Appellate Term, First Department, December 18, 1947.
p. 1065
Stanley Winston for appellant.
G. Arthur Arnstein for respondent.
Memorandum The appellant was a member of the immediate family of the tenant and upon her decease he did not become a squatter, any more than upon the death of the head of a family the rest of the family would be considered as squatters.
The final order should be reversed, with $30 costs, and final order awarded appellant dismissing the petition on the merits, with costs. Appeal by landlord dismissed.
Hammeb, Hofstadteb and Hecht, JJ., concur.
Final order reversed, eta.