Houston Varick Operating Corp. v. 206-208 Varick Street Corp.

This is a summary proceeding for possession because of the tenant's failure to pay $729.16 rent for the month of November, 1931. The execution of the lease, assignment and the possession of the premises by tenant are conceded. As a defense and counterclaim, defendant claims that the landlord converted $4,500 deposited with him as security, claiming said deposit to be a trust fund. As a further defense and counterclaim, the defendant states that there is a violation of the covenant in the lease that he is to occupy peacefully and enjoy the premises by virtue of a notice which the landlord on…