Mauro v. Alvino
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the City Court of the city of New York, in favor of defendants, dismissing plaintiff’s complaint.
1Opinion of the CourtLehman, J.
The defendants’ testator made a lease to the plaintiff. The plaintiff deposited the sum of $500 with the testator for the faithful performance of the lease to be “ returned at the expiration of the term of this lease.” The defendants subsequently transferred the premises to a third party, subject to the lease. The plaintiff thereupon brought this action for the return of the deposit, although the term of the lease has not yet expired.
The obligation to return the deposit does not run with the land, consequently the grantee of the land, subject to the lease, cannot be held liable for its…
2Cases cited3 opinions
- Allen v. CulverNew York Supreme Court · 1846
- Joseph Fallert Brewing Co. v. BlassAppellate Division of the Supreme Court of the State of New York · 1907
- Knutsen v. CinqueAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by12 opinions
- Kottler v. New York Bargain House, Inc.New York Court of Appeals · 1926
- Halsted v. Globe Indemnity Co.New York Court of Appeals · 1932
- Rosenfeld v. AaronNew York Court of Appeals · 1928
- Mullendore Theatres, Inc. v. Growth Realty Investors Co.Court of Appeals of Washington · 1984
- Gallagher v. McMannCalifornia Court of Appeal · 1932
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