Kunstler v. Porter

Appellate Terms of the Supreme Court of New York

Kunstler v. Porter

188 Misc. 1028, 70 N.Y.S.2d 552, 1947 N.Y. Misc. LEXIS 2437

Appellate Terms of the Supreme Court of New York·Decided April 3, 1947·Published

Opinion

Per Curiam.

Memorandum The tenant transferred her entire estate in the lease without retaining a technical reversion. The decision in Lusk Operating Co. v. Gelardin (186 Misc. 817) is therefore not controlling. Here the undertenant paid rent directly to the landlord. There is a presumption of an assignment from the fact of possession and attornment to the landlord (Gillette Bros. v. Aristocrat Restaurant, 239 N. Y. 87, 89), which has not been rebutted by the landlord.

The final order should be reversed, with $30 costs, and a final order directed in favor of the undertenant, with costs.

Shientag, Eder and Hecht, JJ., concur.

Order reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Memorandum The tenant transferred her entire estate in the lease without retaining a technical reversion. The decision in Lusk Operating Co. v. Gelardin (186 Misc. 817) is therefore not controlling. Here the undertenant paid rent directly to the landlord. There is a presumption of an assignment from the fact of possession and attornment to the landlord (Gillette Bros. v. Aristocrat Restaurant, 239 N. Y. 87, 89), which has not been rebutted by the landlord.

The final order should be reversed, with $30 costs, and a final order directed in favor of the undertenant, with costs.

Shientag, Eder and Hecht, JJ., concur.

Order reversed, etc.

Kunstler v. Porter, 188 Misc. 1028, 70 N.Y.S.2d 552, 1947 N.Y. Misc. LEXIS 2437 (N.Y. Ct. App. 1947).

Pincite

188 Misc. 1028 (Kunstler v. Porter) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related