Legal Opinion
2710 8th Ave., Inc. v. Frank Forman Pharmacy, Inc.
Appellate Terms of the Supreme Court of New York
Decided June 10, 1943PublishedCited by 8 opinions
1Per curiam
Under section 233 of the Beal Property Law money deposited by a tenant as security for performance of the terms of a lease are trust funds which may not be commingled with other funds of the landlord. Violation of this statute constitutes a conversion of the security and entitles the tenant to institute proceedings immediately upon such conversion to recover the deposit.
Final order so far as appealed from reversed, with ten dollars costs, and new trial of second counterclaim ordered, with leave to respondent to serve reply to said counterclaim within five days after service of order entered…
2Cited by8 opinions
- Fore Improvement Corporation, .Appellant v. George R. Selig, Trustee-Appellee. In the Matter of Tru-Seal Aluminum Products Corp., BankruptCourt of Appeals for the Second Circuit · 1960
- In re Perfection Technical Services Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
- Sommers v. Timely Toys, Inc.Court of Appeals for the Second Circuit · 1954
- Purfield v. KathraneCivil Court of the City of New York · 1973
- Planetary Recreations, Inc. v. Kern, Inc.City of New York Municipal Court · 1945
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