Legal Opinion
Concord Delivery Service, Inc. v. Syosset Properties, LLC
Appellate Terms of the Supreme Court of New York
Decided March 13, 2008Published
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgment modified by reinstating defendant’s fourth counterclaim and remanding the matter for a new trial with respect to said counterclaim; as so modified, affirmed without costs.
In this action by a commercial tenant, Concord Delivery Service, Inc., for the return of a security deposit, the landlord Syosset Properties, LLC counterclaimed for, among other things, monies allegedly due Syosset which were received by Concord and improperly retained. Concord moved, inter alia, to strike this counterclaim, arguing that Syosset is barred from asserting said…
2Cases cited7 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- Reilly v. ReidNew York Court of Appeals · 1978
- DiLauria v. Town of HarrisonAppellate Division of the Supreme Court of the State of New York · 2006
- Forcino v. MieleAppellate Division of the Supreme Court of the State of New York · 1986
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