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HANS STENGEL, Appellant, v. WILLIAM MOREHEAD, Respondent.

Per Curiam.

Having entered into possession with permission of the one entitled to possession, respondent is not a squatter or intruder within the provisions of subdivision 4 of section 1411 of the Civil Practice Act. ( Williams v. Alt, 226 N.Y. 283; Frazier v. Cropsey, 124 Misc. 367.) Birdie Management Corp. v. Dunton (60 N.Y.S.2d 673) is distinguishable, as there the decision was based upon an unlawful entry. Failure to obtain a certificate from the city rent commission authorizing institution of this proceeding also required dismissal of the petition.

The final order should be affirmed, without prejudice to the institution of a new proceeding upon obtaining certificate of eviction from city housing commission.

HAMMER and HECHT, JJ., concur; EDER, J., concurs in result.

Final order affirmed, etc.

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STENGEL v. MOREHEAD
(Mar 10, 1949)