D. A. Schulte, Inc. v. Cross

The complaint states a cause of action in favor of plaintiff, assignee of a sublease made by its tenant 575 Eighth Avenue Corporation to the defendant, for rent alleged to be due by the defendant-undertenant, and the judgment awards plaintiff $2,000 for four months’ rent beginning February 1, 1931.

The defense is that the landlord brought summary proceedings against the tenant 575 Eighth Avenue Corporation for non-payment of rent due January 22, 1931, and that in said proceeding a final order was issued and executed January 29, 1931, the defendant-undertenant removing from the premises.

The…