Assembly, Inc. v. Giller

In this summary proceeding by sublessor against tenant for non-payment of rent it appears that prior to the trial, in a non-payment proceeding by the owner against the sublessor and subtenants, a final order was made in favor of the owner, with a stay of execution of the warrant until July first, the date of the trial of this proceeding. (The Assembly, Inc., v. Giller, 134 Misc. 657.) Under the circumstances, the relation of landlord and tenant between the parties having been terminated by the issuing of the warrant (Ash v. Purnell, 16 Daly, 189; Civ. Prac. Act, § 1434), a final order could…