Legal Opinion

Park Holding Co. v. Johnson

Civil Court of the City of New York

Decided December 11, 1980PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Jay Stuart Dankberg, J.

Does a failure to give a required security deposit constitute a breach of a substantial obligation of a tenancy? Given the multitude of landlord-tenant relationships in New York, it may seem strange, but neither the court’s nor counsel’s research has uncovered any reported decision on point. Accordingly, this is a case of apparent first impression.

In this holdover summary proceeding based upon the alleged breach of a substantial obligation of tenancy, I give full credence to the testimony of landlord’s witness and find and decide the following.

On May…

2Cases cited15 opinions

  1. Mallory Associates, Inc. v. Barving Realty Co.New York Court of Appeals · 1949
  2. Lyon v. . HerseyNew York Court of Appeals · 1886
  3. In re AtlasAppellate Division of the Supreme Court of the State of New York · 1926
  4. Levinson v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1933
  5. Glass v. Janbach Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1980

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3Cited by1 opinion

  1. McMaster v. PearseCivil Court of the City of New York · 2005

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