Assuming that an eviction on November 20th was proved, it constituted no defense to an action for rent payable on the 1st of that month. Giles v. Comstock, 4 N. Y. 270; O’Brien v. Smith (Sup.) 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.
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