Kingsway Realty & Mortgage Corp. v. Kingsway Repair Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKappeb, J.
The lease is silent as to the landlord’s ownership of the adjoining land, but the tenant claims that by this letting with the windows unobstructed the landlord must be held to have impliedly agreed not to build on the adjoining land and thus shut off the light and air supplied by the side windows of the premises leased. I am of the opinion that the contention ought not to be upheld. According to the great weight of authority, not alone in New York but in many other jurisdictions (See cases cited in 12 Am. Law Rep. Ann. 163 et seq.), a landlord is under no obligation to his tenants not to…
2Cases cited12 opinions
- Doyle v. . LordNew York Court of Appeals · 1876
- Myers v. GemmelNew York Supreme Court · 1851
- Hall v. IrvinAppellate Division of the Supreme Court of the State of New York · 1903
- Hamilton v. GraybillAppellate Terms of the Supreme Court of New York · 1897
- De Baun v. MooreAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by8 opinions
- King v. WhiteWyoming Supreme Court · 1972
- Lemkin v. GuldeNew York Supreme Court · 1960
- Sheinberg v. 177 E. 77, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Second On Second Café, Inc. v. Hing Sing Trading, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Walker & Co. v. DavisMichigan Supreme Court · 1932
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