Rose Container Corp. v. Lieberman

This action by a former tenant of the defendants seeks recovery of a security deposit in the amount of $5,000 made under a lease.

The lease was to run to February 15, 1965, but it was brought to a premature end on June 14, 1962, by service of a five-day notice by the landlords pursuant to paragraph 17 which conferred such a right, inter alla, for failure to pay rent. The tenant was therjeafter ejected in a holdover summary proceeding, the warrant being executed August 30, 1962.

The landlords resisted plaintiff’s motion for summary judgment on the ground that paragraphs 8 and 23 of the lease…