This is an action in ejectment, in which plaintiffs seek to obtain possession of certain real estate in the city of New York held by Charles De Kay Townsend and L. Bradford Prince, as trustees under the last will and testament of Letitia A. Poillon, deceased. The defendants, other than Townsend and Prince, are tenants holding under them, and -have not answered the complaint, leaving their landlords to dispute plaintiffs’ claims. The order now appealed from severs the action and awards plaintiffs final judgment for possession of the premises against the tenant defendants, and directs a receiver of the rents hereinbefore appointed to account and pay
The order appealed from must be reversed', with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.
Ingraham, McLaughlin, Laughlin and Clarke, JJ., concurred.
■ Order reversed, with ten dollars costs, and motion denied, with ten dollars costs.