Knutsen v. Cinque

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1906

Appellate Division of the Supreme Court of the State of New York · decided 1906-06-15

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…

Cited by 2 later decisions — most recently January 1981

1 state decisions

Key passage — most relied on by later courts

“The action did not accrue until the expiration of the lease, for the plaintiff could have restored [the damaged property] 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, [emphasis added]”

quoted by 1 later decision, including Cote v. A. J. Bayless Markets, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1906-06-15

View the full empirical analysis of this case →

Gaynor, J.:

¶1The 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).

¶2The judgment should be affirmed.

¶3Hirschberg, P. J., Hooker, Rich and Miller, JJ., concurred.

¶4Judgment of the Municipal Court affirmed, .with costs-.