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CONSOL. SERV. STATIONS, INC. v. CITIES SERV. OIL CO.

279 A.D. 592 (1951)

Consolidated Service Stations, Inc., Respondent, v. Cities Service Oil Company et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 8, 1951.

Order of the Appellate Term reversed on the law, with costs to appellants in all courts, and final order of the Municipal Court dismissing the amended petition on the merits reinstated.

Petitioner may not maintain summary proceedings to recover possession because the relation of landlord and tenant does not exist between the parties. (Eells v. Morse, 208 N.Y. 103.) Petitioner is neither the landlord, lessor, nor assignee...

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