Appellate Terms of the Supreme Court of New York February 12, 1925 (Ephriam v. Kinstler)

Per Curiam:

The learned trial justice rightly decided that there was no showing of an assignment to the plaintiff of the rents past due. We are of the opinion, however, that as that point had not been made upon the trial an opportunity should have been afforded the plaintiff of submitting proof that there was such an assignment.