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

Appellate Terms of the Supreme Court of New York·Decided April 12, 1934·Published

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] held 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] held 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.

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

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