Glass v. Janbach Properties, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
O’Connor, J.
In this action by an assignee for the benefit of creditors against the landlord of a tenant-assignor that has breached its lease, the question presented is whether the landlord may retain the security deposit in its possession or whether it must return the deposit to the assignee and then file a claim for damages suffered as a result of the breach of the lease in the same manner as any other general creditor. We hold that absent the improper commingling of funds, the landlord has the right to retain the security deposit. Such result is dictated by statute, case…
2Cases cited9 opinions
- Oldden v. Tonto Realty CorporationCourt of Appeals for the Second Circuit · 1944
- In re Sherwoods, Inc.Court of Appeals for the Second Circuit · 1913
- In re Perfection Technical Services Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
- In re Perfection Technical Services Press, Inc.New York Court of Appeals · 1966
- MATTER OF LEFKOWITZ v. ParkerNew York Court of Appeals · 1972
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. WolowitzAppellate Division of the Supreme Court of the State of New York · 1983
- In Re Cohoes Industrial Terminal, Inc.United States Bankruptcy Court, S.D. New York · 1986
- In Re Utica Floor Maintenance, Inc.District Court, N.D. New York · 1982
- State v. Thwaites Place AssociatesAppellate Division of the Supreme Court of the State of New York · 1990
- Gerel Corp. v. Prime Eastside Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2004
13 more not listed; retrieve them via the Exa API.