Legal Opinion

In re Perfection Technical Services Press, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided January 11, 1965PublishedCited by 17 opinions

1Opinion of the CourtUghetta, Acting P. J.

In this proceeding with respect to a general assignment for the benefit of creditors, the question presented is whether a landlord who has commingled a tenant’s advance rental deposit in violation of section 233 of the Real Property Law is entitled to set off such security deposit against the landlord’s claims for rent arrears.

The facts are not in dispute.

On April 27, 1960, respondent Dalecar Realty Corp., as landlord, entered into a 10-year lease of certain real property with another corporation, Perfection on Long Island, Inc., as tenant. (The tenant’s name was subsequently changed to…

2Cases cited18 opinions

  1. Ruzicka v. RagerNew York Court of Appeals · 1953
  2. Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
  3. Pink v. Title Guarantee & Trust Co.New York Court of Appeals · 1937
  4. Morris v. . Windsor Trust Co.New York Court of Appeals · 1914
  5. Fore Improvement Corporation, .Appellant v. George R. Selig, Trustee-Appellee. In the Matter of Tru-Seal Aluminum Products Corp., BankruptCourt of Appeals for the Second Circuit · 1960

13 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Lewron Television, Inc. v. D. H. Overmyer Leasing Co., Inc.Court of Appeals for the Fourth Circuit · 1969
  2. Doris Filner v. Samuel Shapiro and Southwestern Alloys CorporationCourt of Appeals for the Second Circuit · 1980
  3. LeRoy v. SayersAppellate Division of the Supreme Court of the State of New York · 1995
  4. Glass v. Janbach Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  5. Tappan Golf Drive Range, Inc. v. Tappan Property, Inc.Appellate Division of the Supreme Court of the State of New York · 2009

12 more not listed; retrieve them via the Exa API.

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