113 N.Y.S. 614 | N.Y. App. Term. | 1908
This is an appeal by a tenant from a final order of dispossession and from an order denying a motion for a new trial. But two questions that merit discussion are raised on this appeal; first, whether the failure to make the under-tenants parties is fatal to the proceedings, and, secondly, whether the acceptance of the indorsed notes was a payment of the rent. Section 2235 of the Code does not require the under-tenants to be joined. All that it requires is that the petition shall name or'describe the persons- against whom the special proceeding is instituted. Under-tenants are proper parties to a summary proceeding, but they are not necessary parties. If a failure to name them as parties would defeat a landlord’s right to evict them, the objection may be taken advantage of by the under-tenants, and not by the tenant. The tenant cannot shelter himself behind bis
Giegerich and Ford, JJ., concur.
Final order affirmed, with costs.