Wernick v. Mehl Realty Co.

This is an action by a tenant and his wife to foreclose a tax lien acquired by them from the City of New York affecting the property of his landlord. The only issue remaining is the one presented by the sixth defense of the answer of the defendant landlord, Mehl Realty Co., Inc., which is also denominated a counterclaim. In this defense, said defendant alleges that on or about February 20,1939, it, as landlord, leased to the plaintiff, Samuel M. Wernick, as tenant, a portion of the premises involved in this action for the term of ten years, commencing May 1, 1939; that the said tenant in said…