Appellate Division of the Supreme Court of the State of New York July 1, 1902 (Biglow v. Biglow)

Parker, P. J.

In order to maintain this action for use and Occupation, the plaintiff must make it appear that the contractual relation of landlord *100and tenant existed between herself and thesé defendants. (Preston v. Hawley, 101 N. Y. 586; S. C., 139 id. 296.) That proposition she does not deny, but she claims that the finding of the.