Leona Building Corp. v. Sam Rice

Full title: LEONA BUILDING CORP., Landlord, Appellant, v. SAM RICE, Tenant, Respondent

Court: Supreme Court, Appellate Term, Second Department

Date published: Oct 6, 1949

196 Misc. 514 (N.Y. App. Term 1949)

94 N.Y.S.2d 390

Opinion

October 6, 1949.

Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, WYNNE, J.

Seymour C. Simon for appellant.

Sam Rice, respondent in person.

Per Curiam.

The erection and maintenance of a television antenna on the roof of the landlord's premises was, under the circumstances disclosed, an intrusion or squatting within the purview of section 1411 of the Civil Practice Act ( Miltonian Realty Corp. v. Forman, N.Y.L.J., Jan. 3, 1949, p. 12, col. 4).

The final order should be unanimously reversed upon the law, with $30 costs to landlord, and final order directed for landlord as prayed for in the petition.

STEINBRINK, FENNELLY and RUBENSTEIN, JJ., concur.

Final order reversed, etc.