Appellate Division of the Supreme Court of New York, 1951

Consolidated Service Stations, Inc. v. Cities Service Oil Co.

Consolidated Service Stations, Inc. v. Cities Service Oil Co.
Appellate Division of the Supreme Court of New York · Decided October 8, 1951
279 A.D. 592; 1951 N.Y. App. Div. LEXIS 3119
Consolidated Service Stations, Inc. v. Cities Service Oil Co.

Opinion of the Court

Plaintiff is entitled to recover rent from defendant, not because there is or will be created a landlord-tenant relationship between them, but because plaintiff is, as matter of law, the assignee of the landlord’s right to recover rent from defendant. (United Merchants’ Realty & Improvement Co. v. Roth, 193 N. Y. 570.) Present — Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ. [See post, p. 665.]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.