Mendelson-Silverman, Inc. v. Malco Trading Corp.
This text of 238 A.D. 852 (Mendelson-Silverman, Inc. v. Malco Trading Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order of Appellate Term reversing judgment of the Municipal Court in favor of the defendant tenant, dismissing said defendant’s counterclaim and directing judgment for plaintiff unanimously affirmed, with costs. Under the terms of the lease there was no obligation upon the part of the landlord to hold the security money as a trust fund prior to six months of the expiration of the lease. That time has not arrived. When the parties to a lease by its express terms have excluded the security deposit from a trust relationship, and as to it have established between landlord and tenant the debtor and creditor relationship, the court may not interfere. Present — Lazansky, P. J., Kapper, Carswell, Scudder and Davis, JJ. [146 Mise. 215.]
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Cite This Page — Counsel Stack
238 A.D. 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendelson-silverman-inc-v-malco-trading-corp-nyappdiv-1933.