Jones & Brindisi, Inc. v. Bernstein

The sole question that requires our decision upon this appeal is whether, in an action for rent, by a plaintiff lessee against a defendant sublessee, the latter, who vacated, may claim eviction by the plaintiff’s lessor. We are of the opinion that the learned trial justice, in holding with the defendant, fell into error.

The plaintiff, being the lessee of the second floor of what is commonly known as a loft building, sublet to defendants a part of the demised space. The defendants,. dealers in furniture, had thereafter occupied their portion of the space for a considerable period, without any…