JOHNSON v. BARG

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.