Drummond v. Fisher

For the reasons stated in the opinion, (see 16 N. Y. Supp. 867,) we do not accede to the contention of appellants’ counsel that the allegations contained in the landlord’s petition in the summary proceedings instituted to recover possession of the demised premises involved an admission of the fact of an assignment of the lease to Haskell & Radiker. Neither did The respondent’s attitude upon the trial necessarily assume the existence of *143such an assignment, but, on the contrary, all knowledge of it was distinctly •disclaimed by the respondent’s grantors. We cannot, therefore, assume that…