Day & Night Garage Co. v. Promin Engineering Corp.

The finding of the jury that upon dispossession of the plaintiff the lease was terminated within the meaning of paragraph 10 of that instrument is sustained by the evidence.

There is no evidence to support the statement of the trial judge in the opinion that the mortgagee of the lease was not a party to the summary proceeding and it is contrary to the assertion in appellant’s brief that the mortgagee was a party to and served with the precept in that proceeding. However, the mortgagee was not a necessary party to the proceeding (Hoffmann Brewing Co. v. Wuttge, 234 N. Y. 469, 474; Rubenstein v.…