
    Augusta A. Johnson, App’lt, v. John Barg, Resp’t.
    
      (New York Common Pleas, General Term,
    
    
      Filed May 17, 1894.)
    
    Lease—Rent—Eviction.
    An eviction constitutes no defense to an action for rent payable prior thereto.
    
      A B. Carington for app’It; No one appearing in opposition.
   Per Curiam.

Assuming that an eviction on November 20th,. was proved, it constituted no defence to an action for rent payable on the 1st of that month. Giles v. Comstock, 4 N. Y. 270; O'Brien v. Smith. 37 St. Rep. 41; 13 N. Y. Supp. 408; Rice v. Bliss, 66 How. Pr. 189. The judgment must therefore be reversed and a. new trial ordered with costs to the appellant  