Morbeth Realty Corp. v. Velez

At issue here is the disposition of a sum of money representing monthly rents deposited with the Clerk of this court by the tenant pursuant to an order entered under section 755 of the Real Property Actions and Proceedings Law.

The landlord asserts his right to the money, contending that it had corrected the conditions which gave rise to the order, and that in any event the tenant’s subsequent departure from the apartment automatically entitled it to the deposited rents.

The tenant claims in response that from the date of the 755 order until the termination of the tenancy, conditions persisted…