Rose Container Corp. v. Lieberman

Plaintiff’s action for return of security deposited under the terms of the lease between the parties is premature. Having breached the lease, plaintiff’s liability under its terms survived the date fixed in defendants ’ notice of termination and continues to the expiration date fixed in the lease (Rand v. Rifkin, 263 N. Y. 416; International Pub. v. Matchabelli, 260 N. Y. 451; Matter of Homann, 45 F. 2d 481).

Defendants are entitled to partial summary judgment for use and occupation from June 15 to August 30, 1962, as agreed to by the parties,, and for damages attributable to plaintiff’s…