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Knutsen v. Cinque

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1906
113 App. Div. 677 (N.Y. App. Div. 1906)

Summary

In Knutsen v. Cinque, 113 App. Div. 677, 99 N.Y.S. 911 (1906), a lessee sued the landlord after the lease term ended, seeking return of a security deposit which the landlord had taken to insure the lessee's performance of all the lease covenants.

Summary of this case from Cote v. A. J. Bayless Markets, Inc.

Opinion

June 15, 1906.

Herbert Hindes, for the appellant.

Isaac L. Miller, for the respondent.


The action did not accrue until the expiration of the lease, for the plaintiff could have restored the stalls up to that time. It follows that the right of action set up in the counterclaim is in the defendant's grantee. He purchased the land subject to the lease, and succeeded to his grantor's rights under the covenants of the lease. The covenant to surrender the premises in as good condition as when received ran with the land ( Demarest v. Willard, 8 Cow. 206; Chaplin on L. T. § 338).

The judgment should be affirmed.

HIRSCHBERG, P.J., HOOKER, RICH and MILLER, JJ., concurred.

Judgment of the Municipal Court affirmed, with costs.


Summaries of

Knutsen v. Cinque

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1906
113 App. Div. 677 (N.Y. App. Div. 1906)

In Knutsen v. Cinque, 113 App. Div. 677, 99 N.Y.S. 911 (1906), a lessee sued the landlord after the lease term ended, seeking return of a security deposit which the landlord had taken to insure the lessee's performance of all the lease covenants.

Summary of this case from Cote v. A. J. Bayless Markets, Inc.

In Knutsen v Cinque (113 App. Div. 677, 678) Justice GAYNOR said "He purchased the land subject to the lease, and succeeded to his grantor's rights under the covenants of the lease."

Summary of this case from Galli v. B P Oil
Case details for

Knutsen v. Cinque

Case Details

Full title:CARL E. KNUTSEN, Respondent, v . TERESA CINQUE, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 15, 1906

Citations

113 App. Div. 677 (N.Y. App. Div. 1906)
99 N.Y.S. 911

Citing Cases

Cote v. A. J. Bayless Markets, Inc.

[citations omitted] In Knutsen v. Cinque, 113 App. Div. 677, 99 N.Y.S. 911 (1906), a lessee sued the landlord…

Galli v. B P Oil

The question raised by this motion is whether the purchaser of real estate at a foreclosure sale can assert a…