In re the General Assignment for the Benefit of Creditors of Izrue Corp.
New York Supreme Court
1Opinion of the CourtBenjamin Brenner, J.
The motion by assignee for the benefit of creditors to expunge the claim of the landlord for use and occupation is denied since the assignee does not dispute his possession of the premises from the time of assignment until the *344time that auction sale of assets was completed. This is an administrative expense for which the assignee is liable.
The assignee also moves to direct the landlord to pay the security deposited under a lease between him and the original tenant. Apparently, the landlord does not deny that he failed to segregate the deposit, which amounts to conversion. In these…
2Cases cited1 opinion
- Manhattan Shirt Co. v. CisterninoCity of New York Municipal Court · 1945
3Cited by2 opinions
- Purfield v. KathraneCivil Court of the City of New York · 1973
- Cantor Fitzgerald Inc. v. Cantor Fitzgerald SecuritiesAppellate Division of the Supreme Court of the State of New York · 2000