
    Edith M. Johnson, Respondent, v. Robert Davis, Appellant.
    Supreme Court, Appellate Term, First Department,
    November 26, 1958.
    
      Selig Lenefsky for appellant.
    
      Herschman Gottlieb (Milton Gottlieb of- counsel), for respondent.
   Per Curiam.

The court found that the alleged squatter had occupied the premises for a number of years with the permission of the tenant, the person entitled to occupancy. He could not be evicted pursuant to subdivision 4 of section 1411 of the Civil Practice Act (Frazier v. Cropsey, 124 Misc. 367).

The final order should be reversed, with $30 costs, and final order directed for alleged squatter dismissing the petition on the merits, with costs.

Concur — Heoht, J. P., Steuer and Tilzer, JJ.

Final order reversed, etc.  