
    Hyde & Behman Amusement Company, Appellant, v. Frank Staeudel, Respondent.
    
      Landlord and tenant — lease — real property — action to recover rent for alleged holdover period —■ defense that lease had been assigned with consent of lessor and that lessee was not responsible for holdover by assignee.
    
    
      Hyde & Behman Amusement Co. v. Staeudel, 216 App. Div. 843, affirmed.
    (Submitted January 17, 1927;
    decided February 23, 1927.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 7, 1926, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and granting a new trial. The action was to recover rent for an alleged holdover period after expiration of the term for which premises were leased by defendant. It appeared that defendant leased the premises in suit for a term of years. Concurrently with the execution of the lease the lessor consented in writing that defendant might assign the same to a corporation to be formed by him. The corporation was organized, the lease assigned and it went into possession of the premises, paying the rent due. At the expiration of the term of the lease the corporation continued in possession. Plaintiff seeks to recover from defendant rent which became due nearly four years after expiration of the lease.
    
      Benjamin Reass for appellant.
    
      Wilfrid N. O’Neil and Otto B. Schmidt for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and Kellogg, JJ.  