Consolidated Service Stations, Inc. v. Cities Service Oil Co.

279 A.D. 592 | N.Y. App. Div. | 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.) Present — Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ. [See post, p. 665.]