Bedford Ice Palace, Inc. v. Brooklyn Trust Co.

Action to recover money deposited by a tenant with a landlord under a lease of real property. Judgment dismissing the complaint and in favor of defendant *735Brooklyn Trust Company, as trustee, upon its counterclaim for a claimed amount of rent due in excess of the amount of the deposit, reversed on the law and a new trial granted, costs to abide the event. The court erroneously excluded evidence as to the use to which the property was put by the landlord subsequent to the eviction of the tenant. If it be found that the user was for the landlord’s own purposes, a surrender of the premises may…