Summary
In Knickerbocker Oil Corp. v. Richfield Oil Corp. (259 N.Y. 657) the Court of Appeals ruled that, where the tenant is made a party to the foreclosure action, it is the sale, bringing about a change of title, that causes the eviction, and that before the sale occurs, the commencement of the foreclosure action involves no breach of the rental contract.
Summary of this case from Capone v. HinckOpinion
Argued June 6, 1932
Decided June 21, 1932
Appeal from the Supreme Court, Appellate Division, Second Department.
Horace R. Lamb and George M. Billings for appellant.
John L. Bernstein and Harry Greenspan for respondent.
Judgment affirmed, with costs; no opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ.