Judson R. Hoover and
Osco W. Peterson for appellant.
George W. Pratt for respondent.
Ransom Pratt, City Attorney, for City of Corning.
The denial of a landlord's title in a summary proceeding will not oust a court of jurisdiction since a summary proceeding is not an action but a special proceeding. The real issue in a summary proceeding is the present right to possession; the question of title is only collateral. (
Quinn v. Quinn, 46 App. Div. 241;
Van Deventer v. Foster, 87 App. Div. 62.) Since the issues raised by the tenant in the first-numbered paragraph of his answer are without merit, the landlord-respondent being the owner of the real property occupied by the tenant, and appellant not being in a position legally to challenge the alleged
ultra vires act of his landlord, the issues raised in the second paragraph of his answer are academic. The order appealed from is affirmed, with costs.