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LOUIS KAPLAN et al., Respondents, v. IDA VOLK et al., Appellants.

Per Curiam.

Appeal from a final order in summary proceedings prosecuted in Sullivan County Court (SPRIGGS, J.). 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., HEFFERNAN, FOSTER, RUSSELL and DEYO, JJ., concur.

Order affirmed, with $25 costs and disbursements.

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KAPLAN v. VOLK
(Jan 7, 1948)