Legal Opinion

Finnerty v. Freeman

Appellate Terms of the Supreme Court of New York

Decided March 26, 1998PublishedCited by 4 opinions

1Opinion of the Court

*221OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed without costs, and the matter is remanded to the court below for a new trial in accordance with the decision herein.

General Obligations Law § 7-103 (1) provides that a security deposit “shall continue to be the money of the person making such deposit or advance and shall be held in trust by the person with whom such deposit or advance shall be made and shall not be mingled with the personal moneys or become an asset of the person receiving the same”. The rule against commingling of a security deposit with a landlord’s own funds was…

2Cases cited5 opinions

  1. LeRoy v. SayersAppellate Division of the Supreme Court of the State of New York · 1995
  2. Glass v. Janbach Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  3. In re Perfection Technical Services Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
  4. In re Perfection Technical Services Press, Inc.New York Court of Appeals · 1966
  5. Ferguson v. Vaughan Imported Cars Inc.Appellate Terms of the Supreme Court of New York · 1957

3Cited by4 opinions

  1. Caldwell v. 928 Gerard Avenue PartnersCivil Court of the City of New York · 2017
  2. McMaster v. PearseCivil Court of the City of New York · 2005
  3. Pignatello v. Dutchess Knolls, Inc.Appellate Terms of the Supreme Court of New York · 2016
  4. Vanchev v. MulliganAppellate Terms of the Supreme Court of New York · 2016

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