Per Curiam.
Assuming that an eviction on November twentieth was proved, it constituted no defense to an action for rent payable on the first of that month. Giles v. Comstock, 4 N.Y. 270; O'Brien v. Smith, 13 N.Y.S. 408; Rice v. Bliss, 66 How. Pr. 189.
The judgment must, therefore, be reversed and a new trial ordered, with costs to the appellant.
Present: BOOKSTAVER, BISCHOFF and PRYOR, JJ.
Judgment reversed and new trial ordered, with costs to appellant.