| N.Y. App. Div. | Oct 8, 1951
Plaintiff is entitled to recover rent from defendant, not because there is or will be created a landlord-tenant relationship between them, but because plaintiff is, as matter of law, the assignee of the landlord’s right to recover rent from defendant. (United Merchants’ Realty & Improvement Co. v. Roth, 193 N.Y. 570" date_filed="1908-12-15" court="NY" case_name="United Merchants' Realty & Improvement Co. v. Roth">193 N. Y. 570.) Present — Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ. [See post, p. 665.]