
    Walter R. Eaton, Plaintiff, v. Charles W. Hall, Defendant.
    (Supreme Court, Kings Trial Term,
    March, 1904.)
    Lease — A person hiring desk room in an office has no estate or interest in the demised premises.
    A person hiring desk room from tenants of a single room, occupied by all the parties as an office, has no estate or interest in the realty, and therefore where the landlord duly dispossesses the tenants without making him a party he cannot subsequently maintain an action against the landlord to recover damages which he alleges he suffered from the dispossession.
    Motion for a new trial, a verdict having been directed for defendant.
    W. S. Armstrong for plaintiff.
    Lemuel Skidmore for defendant.
   Gaynor, J.:

The defendant let one room to Eeavy & Shook, attorneys at law, for an office. They occupied it, but let desk room therein to the plaintiff by the month. There were no partitions; the office was in common, except that each desk had its place. The defendant took summary proceedings against Eeavy & Shook under the landlord and tenant act, and they were dispossessed by a city marshal under the final order. At the same time the defendant removed the desk of the plaintiff, and his few other small chattels, the marshal declining to do so because he was not a party to the proceeding; and for being so dispossessed this action is brought for damages.

I do not think that the plaintiff had any tenancy or right apart from or outside of that of Reavy & Shook. He had no estate or interest in the real-estate. His position was no better than that of one with a room in a boarding or lodging house. He had to go out with them (Wilson v. Martin, 1 Den. 602; Smith v. Rector, 107 N. Y. p. 619).

Motion denied.  