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Knudsen v. Lax

City Court of Watertown

842 N.Y.S.2d 341 (2007)

Facts

Knudsen (plaintiff) entered into a lease agreement with Robert and Barbara Lax (defendants) to rent an apartment. The lease agreement was for one year. Approximately six months into the lease, the Laxes learned that a level-three sex offender was moving in next door. The Laxes, who had three daughters, submitted a written request to terminate the lease based on the proximity to the sex offender, but Knudsen did not respond. The Laxes then abandoned the apartment. The Laxes sued Knudsen to recover the security deposit, and Knudsen filed a counter-claim, seeking payment for the six months remaining on the Laxes’ lease.

Rule of Law

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Issue

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Holding and Reasoning (Harberson, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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