Legal Opinion
Monarch Associates, Inc. v. Bork Manufacturing Co.
New York Supreme Court
Decided June 7, 1949PublishedCited by 1 opinion
1Opinion of the CourtWalsh, J.
The tenant moves to remove a summary proceeding from the Municipal Court to this court for the reason that the Municipal Court does not have jurisdiction over the counterclaim for $7,000 interposed by the tenant. The ground for the summary proceeding is nonpayment of rent under a lease. The counterclaim for $7,000 is based upon the failure of the landlord to retain the $7,000 security deposit separate from its personal funds as required by section 233 of the Real Property Law.
*396The court finds in this case that the Municipal Court has jurisdiction over the subject matter of the counterclaim.…
2Cases cited5 opinions
- Matter of Byrne v. PaddenNew York Court of Appeals · 1928
- Mendelson-Silverman, Inc. v. Malco Trading Corp.New York Court of Appeals · 1933
- Mendelson-Silverman, Inc. v. Malco Trading Corp.Appellate Terms of the Supreme Court of New York · 1932
- 2525-7th Ave. Corp. v. KnightAppellate Division of the Supreme Court of the State of New York · 1940
- Silverman-Mendelson, Inc. v. Malco Trading Corp.City of New York Municipal Court · 1932
3Cited by1 opinion
- Wasserman v. Johnroy Properties, Inc.New York Supreme Court · 1952