Per Curiam.
The landlord has failed to show that the tenant is using or occupying his apartment as a gambling house or for any illegal purpose within the purview of subdivision 5 of section 1410 of the Civil Practice Act. Under that section the term "use" implies the doing of something customarily or habitually, or making a practice of doing a certain act, and the single act of the tenant alleged in this case is insufficient to warrant recovery of possession ( Estate of Shaff v. Stein, 171 Misc. 376).
The final order should be reversed, with $30 costs, and petition dismissed, with costs.
HAMMER, HOFSTADTER and PECORA, JJ., concur.
Final order reversed, etc.