Majority
p. 1026August Rubicco et al., Respondents, v. Fleetwood Baking Company, Inc., et al., Appellants.
p. 1027
In our opinion, there was an assignment by the tenant to Metropolitan in substance, if not in form. Petitioners were entitled to maintain this proceeding as assignees of the fee owner. Present — Johnston, Acting P. J., Adel, Wenzel, MaeCrate and Schmidt, JJ.