Gelfand v. Stys

SULLIVAN, P J

By the admission of counsel for plaintiffs in error and by counsel for defendants in error, as well as by the answer of defendants in error, the landlords, which is supported by an affidavit, it appears that on November 24, 1928, and subsequent to the filing of the petition in error herein, the tenant surrendered to the landlords and owners of the property the possession thereof, and that ever since said date it appears by these admissions of the answer and affidavit, undenied by any pleading, and admitted in open argument, that the landlords have been in possession of the…