Legal Opinion

McMaster v. Pearse

Civil Court of the City of New York

Decided September 19, 2005Published

1Opinion of the Court

*965OPINION OF THE COURT

Diane A. Lebedeff, J.

Plaintiffs seek to recover their security deposit for a residential rental unit. This matter poses the unexpectedly novel issue regarding jointly owned real property of the extent to which each co-owner has individual responsibility and accountability for the proper treatment and potential return of a leasehold security deposit.

In May of 2003, defendant landlords John and Janina Pearse, husband and wife, rented the second and third floors of a residential building located at 15 East 77th Street, Manhattan, to the plaintiff tenants, the McMasters.…

2Cases cited14 opinions

  1. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  2. In re the Estate of RothkoNew York Court of Appeals · 1977
  3. LeRoy v. SayersAppellate Division of the Supreme Court of the State of New York · 1995
  4. In re AtlasAppellate Division of the Supreme Court of the State of New York · 1926
  5. In re GoldstickAppellate Division of the Supreme Court of the State of New York · 1992

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