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.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.
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.