Legal Opinion

Goldberg v. Freeman

Appellate Terms of the Supreme Court of New York

Decided February 23, 1905PublishedCited by 1 opinion

Appeal from City Court of New York, Trial Term. Action by Michael Goldberg against Harry Freeman. From a City Court judgment in favor of plaintiff, defendant appeals. Reversed.

1Per curiam

The action was brought to recover the balance of a deposit made with the defendant as security for the performance of the covenants and conditions of a lease. The plaintiff was dispossessed for the nonpayment of rent in the amount of $64, and recovered the amount of'the deposit, less $64.

Doubtless the tenant was entitled to recover the balance of his deposit remaining, after deducting therefrom the amount of the damages suffered by the landlord from the breaches of covenants on his part prior to the dispossession. Chaude v. Shepard, 122 N. Y. 397, 25 N. E. 358. He alleged in his complaint,…

2Cases cited1 opinion

  1. Chaude v. . ShepardNew York Court of Appeals · 1890

3Cited by1 opinion

  1. Niele v. StokesAppellate Terms of the Supreme Court of New York · 1908

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