28 Misc. 529 | N.Y. App. Term. | 1899
The premises of which the ■ defendant in', these proceedings had possession were owned .by the landlord herein. On the 11th day of April, 1899, the owner made and
'The only question raised by the appellant in his brief is purely n question of law. The appellant contends that section 2235 of the Code of Civil Procedure, which provides that summary proceedings may be maintained by the landlord or lessor of the demised premises, does not authorize a lessor, after a lease of the premises to a third party, to maintain such proceedings, that his relation ceases with his lease, and the right of possession to the property passes by virtue of such lease to the lessee. In the case at bar, the appellant claims that the premises in question, having been leased by the landlord to Janser from May 1, 1899, that Janser is the only one that can institute these proceedings. The casesi cited by the appellant do not support his contention.- They have reference to cases where the owner has parted with his title to the leased premises, and not to a case like the one at bar, where the owner has leased the premises to a third party. The possession of the tenant is in subordination to the title of the landlord, and is the possession of his landlord. Whiting v. Edmunds, 94 N. Y. 314; Code Civ. Pro, § 373. One entering upon lands with the consent and by collusion with the tenant, may be removed by the landlord as an intruder. O’Donnell v. McIntyre, 41 Hun, 100.
In the ease at bar, it does not appear that the lessee ever had possession of the premises in question, and the landlord had a
MacLeaht and Levehtbitt, JJ., concur.
Order affirmed, with costs to respondent.