Knutsen v. Cinque
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Teresa Cinque, from a judgment of the Municipal Court of the city of Mew, York in favor of the plaintiff, entered upon the verdict of a jury directed by a justice of the said-Court. - -v The action was after the termination of -a lease to recover the sum of $200 'deposited by the tenant with the landlord at the beginning of the tenancy, under a clause in the lease requiring that such deposit be made, to be held by the landlord during the tenancy- for…
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Appeal by the defendant, Teresa Cinque, from a judgment of the Municipal Court of the city of Mew, York in favor of the plaintiff, entered upon the verdict of a jury directed by a justice of the said-Court. - -v The action was after the termination of -a lease to recover the sum of $200 'deposited by the tenant with the landlord at the beginning of the tenancy, under a clause in the lease requiring that such deposit be made, to be held by the landlord during the tenancy- for the faithful performance -of the covenants of the lease. The covenant claimed by the defendant to have been violated…
1Opinion of the Court
Gaynor, J.:
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.,…
2Cited by11 opinions
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- Cote v. A. J. Bayless Markets, Inc.Court of Appeals of Arizona · 1981
- Schimmelfennig v. Grove Farm Co., Ltd.Hawaii Supreme Court · 1955
- Joseph Fallert Brewing Co. v. BlassAppellate Division of the Supreme Court of the State of New York · 1907
- Mauro v. AlvinoAppellate Terms of the Supreme Court of New York · 1915
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