Mitchell v. McClellan

Plaintiffs move for summary judgment in an action to recover rent and are met with the defense that the defendant does not stand in the relation of tenant to them and is not liable to them for the rent.

Plaintiffs, a law firm, are tenants in possession of all but a small part of the twenty-first floor of a fifty-eight-story office building in this city owned by a bank. The defendant, a lawyer, occupies the remainder of the floor, his occupancy being derived from a lease to him from the bank for a period ending April 30, 1947, this lease being a renewal of earlier leases. About the same time…