Legal Opinion
220-228 Brook Avenue Corp. v. Zaft
Appellate Terms of the Supreme Court of New York
Decided April 12, 1934PublishedCited by 5 opinions
1Opinion of the CourtHammer, J.
In this summary proceeding for non-payment of rent and for judgment against the lessee and assignee the trial judge dismissed as against Zaft, the lessee, and directed judgment in his favor against the landlord.
*232The theory of the ruling appealed from is that as Zaft, the lessee, had assigned the lease and was not in possession at the time of the beginning of the proceeding, his joinder as a party was unauthorized.
To hold that a lessee who has assigned his lease may not be a party to a dispossess proceeding because he is not in actual possession would impair the summary remedy and conduce to…
2Cases cited3 opinions
- Stewart v. . Long Island R.R. Co.New York Court of Appeals · 1886
- O'Connell v. Sugar Products Co.Appellate Terms of the Supreme Court of New York · 1921
- In re Balducci, New York County Courts1926
3Cited by5 opinions
- Radlog Realty Corp. v. GeigerAppellate Division of the Supreme Court of the State of New York · 1938
- Stephen Estates, Inc. v. KaplanCity of New York Municipal Court · 1950
- Howard Stores Corp. v. Robison Rayon Co.Appellate Terms of the Supreme Court of New York · 1970
- Cohen v. CarrollCivil Court of the City of New York · 1970
- Howard Stores Corp. v. Robison Rayon Co.Civil Court of the City of New York · 1970