¶1OPINION OF THE COURT
¶2Memorandum.
¶3Final judgment unanimously reversed, without costs, and matter remanded for all further proceedings.
¶4In view of tenant’s undisputed assertion on appeal that landlord has sold the premises, which assertion is supported by documentary evidence, and in view of the fact that no substitution of parties has been made, the petition must be dismissed upon an appropriate application by the tenant in the court below.
¶5Geiler, J. P., Stark and Collins, JJ., concur.