From Casetext: Smarter Legal Research

Pollack v. Springer

Supreme Court, Appellate Term, First Department
Dec 22, 1949
196 Misc. 1015 (N.Y. App. Term 1949)
Download
PDF
Check
Treatment

Summary

In Pollack v. Springer, 196 Misc. 1015, 95 N.Y.S.2d 527, cited by the landlord, the court ruled as in Sommers, supra, that the tenant was entitled to the return of the security because the landlord had commingled it in violation of the aforementioned statute.

Summary of this case from In re Tru-Seal Aluminum Products Corp.
See 1 Summary

Opinion

December 22, 1949.

Appeal from the City Court of the City of New York, Bronx County, EVANS, J.

George S. Fishman for appellants.

Abraham A. Katz and Louis Tancil for respondent.

Per Curiam.

The prior judgments secured by defendants against plaintiff should have been allowed as an offset to the sum due to plaintiff.

The judgment should be modified by reducing the recovery to the sum of $993.94, together with taxable costs, and as modified, affirmed, without costs.

HAMMER, HOFSTADTER and PECORA, JJ., concur.

Judgment accordingly.

Summaries of

Pollack v. Springer

Supreme Court, Appellate Term, First Department
Dec 22, 1949
196 Misc. 1015 (N.Y. App. Term 1949)

In Pollack v. Springer, 196 Misc. 1015, 95 N.Y.S.2d 527, cited by the landlord, the court ruled as in Sommers, supra, that the tenant was entitled to the return of the security because the landlord had commingled it in violation of the aforementioned statute.

Summary of this case from In re Tru-Seal Aluminum Products Corp.
Case details for

Pollack v. Springer

Case Details

Full title:JACOB POLLACK, Respondent, v. JEAN R. SPRINGER et al., Doing Business as R…

Court:Supreme Court, Appellate Term, First Department

Date published: Dec 22, 1949

Citations

196 Misc. 1015 (N.Y. App. Term 1949)
95 N.Y.S.2d 527

Citing Cases

Matter of Perfection Tech. Serv. Press

Now, however, to prevent the depletion of such a deposit, the statute (Real Property Law, § 233) expressly…

Fore Improvement Corp. v. Selig

Appellant also argues that it is anomalous for the district court to disallow a set-off here, when the New…

7 Citing Cases