119 N.Y.S. 781 | N.Y. App. Div. | 1909
The plaintiff appeals from an order of the Appellate Term reversing a final order of the Municipal Court in summary proceed
The purchaser at a foreclosure sale of real property acquires all the right, title and interest of the mortgagor, subject to such valid liens and incumbrances as have not been cut off by the foreclosure. He is in legal effect the grantee of the reversion and entitled to pursue any-remedies that the mortgagor might have pursued if he had continued to be the owner.
If the respondent had been made a party to the foreclosure action, his lease being subsequent and subordinate to the mortgage, would have been annulled and his continuance in possession would have been unlawful. In that case the relation of landlord and tenant would not have been created betweep him and the purchaser (unless a new agreement were made), and summary proceedings could not have been resorted to. (Greene v. Geiger, 46 App. Div. 210.) The purchaser’s remedy in that case would have been to apply for a. writ of assistance. . Here, however, the respondent was not made a party to the foreclosure action, and his lease is unaffected thereby. But the purchaser, sncceding to all the title and rights of the original- landlord, becomes the landlord by operation of law, with all the rights and remedies of the original landlord. The conventional relation of landlord and tenant is thus created, and a sufficient foundation exists for the institution of summary proceedings for the recovery of possession if the tenant refuses to abide by the covenants of his lease.
The justice of the Municipal Court found, for reasons very satis
It follows that the determination of the Appellate Term must be reversed, and the final order of the Municipal Court aifirmed, with costs to the appellant in this court and the Appellate Term.
. Ingraham, McLaughlin, Laughlin and Houghton, JJ., concurred.
' Determination reversed and order of Municipal Court affirmed, with costs to appellant in this court and in the Appellate Term.