
    Frederick Schlesinger, Respondent, v. Sarah Perper, Appellant.
    (Supreme Court, Appellate Term,
    January, 1911.)
    Election of remedies — Inconsistency of remedies — Different remedies where rule of inconsistency not violated — Suits against lessee and his assignee.
    Landlord and tenant — Rent and advances — Rights and liabilities — Persons liable — Transfer of lease or agreement — Liability of assignee — Election to sue lessee.
    By prosecuting to judgment a claim for rent under a lease against the lessee, the lessor is not precluded from' maintaining an action against an assignee of the lease for rent for the same period.
    Appeal hy the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, second district, in favor of the plaintiff, rendered after a trial hy the court without a jury.
    Morris S. Schector (Louis Salant, of counsel), for appellant.
    Herman Gottlieb, for respondent.
   Giegerich, J.

I think the plaintiff sufficiently proved the -assignment of the lease to the defendant and her occupation of the premises thereunder. By such assignment and occupation the defendant became liable to the plaintiff for rent for the period of her occupation (Sayles v. Kerr, 38 N. Y. Supp. 880; Dassori v. Zarek, 75 id. 841); and the only question in the case is whether the plaintiff, by prosecuting an action against his lessee to judgment, has precluded himself from the right to sue.the assignee for rent for the same period for which he had previously recovered judgment 'against his lessee. The contrary appears to have been held as to the commencement' of an action, merely, in People v. German Bank (In re Bettinger), 126 App. Div. 231; and there seems to be no reason for a different rule where the action was prosecuted to judgment, so long as the judgment remained unsatisfied, which is the situation here.

The judgment should, therefore, be affirmed, with costs.

Beady, J., concurs; Gavegan, J., concurs in the result.

Judgment affirmed.  