176 East 123rd Street Corp. v. Flores

This is a motion to direct the Clerk of this court to restore to the moving parties, the tenants in these proceedings, rents previously deposited by them under an order made by me pursuant to section 755 of the Real Property Actions and Proceedings Law.1 In the 40-year history of this statute2 no similar motion had been recorded in any reported case.

On July 30, 1969, the tenants'upon the admissions and stipulations of the landlord, effectively established their defense under that statute to the landlord’s summary proceedings for the nonpayment of rent. Indeed the stipulation was surplusage,…