Order unanimously affirmed, with costs, on the ground that even though the contract of sale may have been abandoned the conventional relation of landlord and tenant did not exist and that a summary proceeding is, therefore, an improper remedy under the authority of Evertson v. Sutton (5 Wend. 281); Benjamin v. Benjamin (5 N. Y. 383) and People ex rel. Mitchell v. Simpson (28 id. 55).