Metropolitan Life Insurance v. Butler & Currie, Inc.

Appellate Terms of the Supreme Court of New York

Metropolitan Life Insurance v. Butler & Currie, Inc.

151 Misc. 230, 271 N.Y.S. 135, 1934 N.Y. Misc. LEXIS 1248

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 12, 1934

StatusPublished

This text of 151 Misc. 230 (Metropolitan Life Insurance v. Butler & Currie, Inc.) 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

Metropolitan Life Insurance v. Butler & Currie, Inc., 151 Misc. 230, 271 N.Y.S. 135, 1934 N.Y. Misc. LEXIS 1248 (N.Y. Ct. App. 1934).

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Opinion

Per Curiam.

Under the controlling decisions which have overruled the doctrine that moneys deposited with a lessor as security for performance of the covenants of a lease of real property are [231]*231held in a fiduciary capacity, and which adjudicate that the relation arising upon such a deposit is merely that of debtor and creditor (Rambach v. Heights Theatres, Inc., 239 App. Div. 203; Levinson v. Shapiro, 238 App. Div. 158; affd., 263 N. Y. 591), the answer is insufficient on its face. By statute, the rule is different with respect to the deposit of security under a rental of personal property. (Gen. Business Law, §§ 382-a, 382-b.) No objection is made to the form of the landlord’s application.

Order reversed, with ten dollars costs, and final order and judgment directed for the landlord.

All concur; present, Lydon, Frankenthaler and Shientag, JJ.

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Per Curiam.

Under the controlling decisions which have overruled the doctrine that moneys deposited with a lessor as security for performance of the covenants of a lease of real property are [231]*231held in a fiduciary capacity, and which adjudicate that the relation arising upon such a deposit is merely that of debtor and creditor (Rambach v. Heights Theatres, Inc., 239 App. Div. 203; Levinson v. Shapiro, 238 App. Div. 158; affd., 263 N. Y. 591), the answer is insufficient on its face. By statute, the rule is different with respect to the deposit of security under a rental of personal property. (Gen. Business Law, §§ 382-a, 382-b.) No objection is made to the form of the landlord’s application.

Order reversed, with ten dollars costs, and final order and judgment directed for the landlord.

All concur; present, Lydon, Frankenthaler and Shientag, JJ.

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Bluebook (online)

151 Misc. 230, 271 N.Y.S. 135, 1934 N.Y. Misc. LEXIS 1248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-life-insurance-v-butler-currie-inc-nyappterm-1934.

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