Rose Container Corp. v. Lieberman

These are two motions, one brought by the plaintiff for partial summary . judgment and a cross motion on behalf of the defendants also seeking partial summary judgment.

The plaintiff in this action has set forth in his complaint two causes of action, (1) to recover security deposited by the plaintiff with defendants and their predecessor in title pursuant to a written lease and (2) to recover the prorata reduction of insurance premiums paid by the plaintiff to the defendants pursuant to said written lease.

The defendants have interposed an answer wherein they set forth one affirmative defense…