2006 New York Code - Action Against One Defendant Subject To Rights Of Others.

 
    §  637.  Action  against  one  defendant  subject to rights of others.
  Where one or more answering defendants hold under another defendant, and
  the plaintiff elects to proceed  against  the  latter,  subject  to  the
  rights  and  interests  of  the  former, if the plaintiff recovers final
  judgment against the  defendant  under  whom  they  hold,  the  judgment
  operates as a transfer to the plaintiff of that defendant's right, title
  and interest.