Opinion
March 10, 1949.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, ROHAN, J.
Leonard H. Steibel and William A. Pallme for appellant.
Sidney Moerman and Thomas F. Feeney for respondent.
Since the adoption of rent control and protection of tenants and subtenants in possession, a tenant who has sublet the entire premises is no longer deemed in constructive possession and, especially upon his surrender of any claimed rights, the subtenant is considered the tenant of the landlord. ( Gross v. Libby Properties, 273 A.D. 851, affd. 298 N.Y. 514; WMCA, Inc., v. Blockfront Realty Corp., 272 A.D. 800; cf. 214 West 39th St. Corp. v. Miss France Coats, 274 A.D. 597.)
The judgment should be reversed, with $30 costs and complaint dismissed, with costs.
HAMMER, EDER and HECHT, JJ., concur.
Judgment reversed, etc.