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

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 3, 1947

StatusPublished

This text of 188 Misc. 1028 (Kunstler v. Porter) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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