Legal Opinion

Park West Management Corp. v. Mitchell

New York Court of Appeals

Decided June 7, 1979PublishedCited by 208 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Cooke.

Under the traditional common-law principles governing the landlord-tenant relationship, a lease was regarded as a conveyance of an estate for a specified term and thus as a transfer of real property. Consequently, the duty the law imposed upon the lessor was satisfied when the legal right of possession was delivered to the lessee. The lessor impliedly warranted only the continued quiet enjoyment of the premises by the lessee. This covenant of quiet enjoyment was the only obligation imposed upon the landlord which was interdependent with the lessee’s…

2Cases cited14 opinions

  1. Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
  2. In re the Estate of RothkoNew York Court of Appeals · 1977
  3. Mease Ex Rel. Oliver v. FoxSupreme Court of Iowa · 1972
  4. Pines v. PerssionWisconsin Supreme Court · 1961
  5. King v. MooreheadMissouri Court of Appeals · 1973

9 more not listed; retrieve them via the Exa API.

3Cited by208 opinions

  1. Chapman v. SilberNew York Court of Appeals · 2001
  2. Francis v. Kings Park Manor, Inc.Court of Appeals for the Second Circuit · 2021
  3. German v. Federal Home Loan Mortgage Corp.District Court, S.D. New York · 1995
  4. Alnashmi v. Certified Analytical Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Parilis v. FeinsteinNew York Court of Appeals · 1980

203 more not listed; retrieve them via the Exa API.

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