Urban Investment & Development Co. v. Maurice L. Rothschild & Co.

Mr. JUSTICE HAYES,

specially concurring:

I concur in the result, but I wish to express the line of reasoning by which I reach that result.

An essential element of tenancy is that, as between landlord and tenant, the tenant is either in lawful actual possession of the leased premises (whether personally or through a sub-tenant) with the landlord’s assent and in subordination to tire landlord’s title, or he has the legal right to the immediate possession of the said premises by the landlord’s assent and in subordination to the landlord’s title. Wood, A Treatise on the Law of Landlord & Tenant § 1…