
    Hermes Amusement Co., Inc., Respondent, v. X Amusement Co., Inc., Appellant.
    
      Landlord and tenant — lease — summary proceedings — dispossession — when sublessee of premises mere tenant at will as to owner who , has gained possession of premises after default by its lessee.
    
    
      Hermes Amusement Co., Inc., v. X Amusement Co., Inc., 199 App. Div. 916, affirmed.
    (Argued April 19, 1922;
    decided May 9, 1922.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 4, 1921, which affirmed a determination of the Appellate Term affirming an order of the Municipal Court of the city of New York in summary proceedings awarding possession of premises to the plaintiff, landlord. The Ninth Avenue Railroad Company was lessee of the premises in suit under a long lease. By various mergers and agreements the property of the Ninth Avenue Railroad Company came into the possession of the New York Railways Company which leased the premises in suit to defendant’s assignors for a term of twenty-one years. The New York Railways Company having defaulted in its agreements, the Ninth Avenue Company demanded and by suit secured the return of its property and before the expiration of defendant’s term leased the premises to plaintiff, who, claiming defendant was a tenant at will, instituted a summary proceeding to dispossess the defendant after serving upon it a thirty days’ notice to quit.
    
      Nathan D. Stern and Julius J. Michael for appellant.
    
      Michel Kirtland and Benjamin Rich for respondent.
   Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  