Mendelson-Silverman, Inc. v. Malco Trading Corp.

Judgment unanimously reversed upon the law, with thirty dollars costs to appellant, and final order and judgment directed for the landlord as demanded in the petition and dismissing the counterclaim, with appropriate costs in the court below. The non-payment of the rent was conceded. The sole question determined below related to the counterclaim, which charged that the landlord had converted the security. There was no conflict in the proof. The trial court held that under the provisions of the lease the landlord held the security as a pledge, and that its use of the fund constituted a…