Rimoldi v. Hudson Guild
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city- of ¡N"ew York, third district, borough of Manhattan.
1Opinion of the CourtGreenbaum, J.
Regan v. Luthy, 11 N. Y. Supp. 709, undoubtedly holds that the removal by a stranger of things fixed to the freehold, without the knowledge of the lessee, renders the latter liable for voluntary waste.
This view, however, seems to be inharmonious with that adopted in the later case of Beekman v. Van Dolsen, 63 Hun, 487. In that case, a third party destroyed a portion of the demised premises; and the court held that, unless the destruction was due to the “ neglect, omission, sufferance or permission of the tenant,” an action for waste would not lie. Indeed, the court in that case assumes that…
2Cases cited2 opinions
- Regan v. LuthyNew York Court of Common Pleas · 1890
- Beekman v. Van DolsenNew York Supreme Court · 1892
3Cited by3 opinions
- Rogers v. . Atlantic, Gulf Pacific Co.New York Court of Appeals · 1915
- WILSON ET UX. v. KruseOregon Supreme Court · 1953
- Rimoldi v. Hudson GuildAppellate Division of the Supreme Court of the State of New York · 1909