Teachers College of Columbia University v. Claussell

A tenant moves out. Observing the vacant apartment, a passerby moves in. He becomes a squatter, and the landlord may bring a summary proceeding under subdivision 3 of section 713 of the Real Property Actions and Proceedings Law to recover possession of the premises. (Danziger v. Leonilo, 191 N. Y. S. 709 [App. Term, 1st Dept., 1922].)

Let the passer-by move in with the tenant’s consent, however, and he becomes something other than a squatter. The landlord may not use subdivision 3 of section 713 to remove blm because “ a squatter proceeding will not lie against one who entered the premises…