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2004 NY Slip Op 07447

Citation
2004 NY Slip Op 07447
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

1,670 chars
"Turn over to his or its grantee or assignee . . . the sum so deposited, and notify the tenant or licensee by registered or certified mail of such turning over and the name and address of such grantee, assignee, purchaser or receiver.

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"2. Any owner or lessee turning over to his or its grantee, assignee . . . the amount of such security deposit is hereby relieved of and from liability to the tenant {**12 AD3d at 90}or licensee for the repayment thereof; and the transferee of such security deposit is hereby made responsible for the return thereof to the tenant or licensee, unless he or it shall thereafter and before the expiration of the term of the tenant's lease or licensee's agreement, transfer such security deposit to another, pursuant to subdivision one hereof and give the requisite notice in connection therewith as provided thereby . . .

"3. Any failure to comply with this section is a misdemeanor."

Thus, in accordance with General Obligations Law § 7-105, security deposits must be turned over to a purchaser of the premises or assignee of the lease.

General Obligations Law § 7-109 provides, "If it appears to the attorney general that any person, association, or corporation has violated or is violating any of the provisions of title one of this article, an action or proceeding may be instituted by the attorney general in the name of the people of the state of New York to compel compliance with such provisions and enjoin any violation or threatened violation thereof." Thus, the Attorney General is specifically empowered to bring an action to compel compliance with the statute (State of New York v Wolowitz, 96 AD2d 47, 71 [1983]).