Niles v. Iroquois Realty Co.

It is directly alleged in the complaint that the defendant as landlord has been paid the sum of $20,000 by the plaintiff’s assignor as tenant, the sum having been *444deposited with the defendant as security for the performance by the tenant and her assigns of the covenants of certain leases to which the pleading refers. The tenancy was terminated by summary proceedings instituted by the defendant, in which proceedings a warrant for the removal of the tenant was issued and executed; and it appears that the defendant is now in possession of these premises.0 With the termination of the lease by the…