Rizzio v. Passalacqua

Bok, P. J.,

— Defendants leased the property they now occupy from a real estate agent, who in turn assigned the lease to present plaintiff. The lease was signed in July 1943 and assigned to plaintiff in December of the same year.

Defendants paid rent to the agent until the lease was assigned, and have since paid it to plaintiff. They stopped paying in September 1947 and the result was a judgment in ejectment. Now before us is a rule to open the judgment.

The lease was signed after the real owners of the property died, and the tenants are fearful lest they be made to pay rent over again to the…