In Murray Hill Mello Corp. v. Bonne Bouchee Restaurant, Inc., 113 Misc. 2d 683 (1982), a lessee entered into an arrangement that it called a sublease in which the lessee transferred all of its rights to the premises to the subtenant. The Civil Court of New York County held that the "sublease" was in reality an assignment and the relationship of the parties was that of assignor and assignee. The court held that an assignor could not maintain a summary proceeding against the assignee because no landlord-tenant relationship existed. Consequently, because Tenant-Assignor in the instant proceeding is an assignor it does not qualify as a landlord pursuant to section 721(1) of RPAPL.