Malco Trading Corp. v. Mendelson-Silverman, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtTownley, J.
This action was brought by a tenant against its landlord to impose a hen on certain rents which had been paid by it under a lease and which were, under a special agreement, to be held in escrow by the defendants Marks & Marks and Feingold pending the determination of two summary proceedings in the Second Department. In these proceedings the tenant interposed counterclaims for the recovery of the deposit on the theory that the landlord held such deposit as trustee and that it had converted the same by commingling it with other funds and by the dissipation of them. These summary proceedings…
2Cases cited11 opinions
- Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
- Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
- Levinson v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1933
- Rubin v. SiegelAppellate Division of the Supreme Court of the State of New York · 1919
- Mendelson-Silverman, Inc. v. Malco Trading Corp.New York Court of Appeals · 1933
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3Cited by7 opinions
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- People v. HorowitzNew York Court of Appeals · 1956
- 42nd Street Fotoshop, Inc. v. Weimet Film Co.New York Supreme Court · 1954
- Mallory Associates, Inc. v. Barving Realty Co.New York Supreme Court · 1949
- Park Holding Co. v. JohnsonCivil Court of the City of New York · 1980
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