Johnson v. Davis , 17 Misc. 2d 148 ( 1958 )

Per Curiam.

The court found that the alleged squatter had occupied the premises for a number of years with the permission of the tenant, the person entitled to occupancy. He could not be evicted pursuant to subdivision 4 of section 1411 of the Civil Practice Act (Frazier v. Cropsey, 124 Misc. 367).

The final order should be reversed, with $30 costs, and final order directed for alleged squatter dismissing the petition on the merits, with costs.

Concur — Heoht, J. P., Steuer and Tilzer, JJ.

Final order reversed, etc.