DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Showing 61–78 of 78 results

Conason v. Megan Holding, LLC, 25 N.Y.3d 1 (2015)

Conason v. Megan Holding, LLC, 25 N.Y.3d 1 (2015) New York state

...He did not establish a security deposit account for Suzuki Oki and he claimed she paid him only in cash. He *9also claimed she remained in the apartment for only two months . . . Finally, [Ku] testified that although Oki was in...

Siegel v. Mussabekova (2017)

Siegel v. Mussabekova (2017) New York state

...There were also no findings made as to whether the defendants' security deposit had been used to offset the alleged rent arrears and property damage.

Newkirk v. Scala, 90 A.D.3d 1257 (2011)

Newkirk v. Scala, 90 A.D.3d 1257 (2011) New York state

...She paid nine months’ rent and made a security deposit at the time of the lease’s execution. The home’s tap water had an overpowering odor from the outset and, following defendant’s prolonged failure to correct the problem...

Sikora v. Shurtluff (2020)

Sikora v. Shurtluff (2020) New York state

It is undisputed that plaintiff had given defendant a $2,900 security deposit. It is also undisputed that, in a prior proceeding, defendant had been awarded a final judgment for $1,450, representing one month's rent. Although the fact...

Zelevansky v. Valdez (2017)

Zelevansky v. Valdez (2017) New York state

While defendant, now represented by counsel, correctly argues on appeal that the lease permits her to retain the security deposit for unpaid rent, here there was ample, unrebutted evidence to support plaintiff's implicit claim of a breach of the...

Shree Shiv Shakti Corp. v. Khalid Properties, LLC, 106 A.D.3d 1434 (2013)

Shree Shiv Shakti Corp. v. Khalid Properties, LLC, 106 A.D.3d 1434 (2013) New York state

Plaintiff thereafter commenced this action against Khalid and VSH, alleging constructive eviction, trespass and breach of contract, and seeking treble damages pursuant to RPAPL 853 and the return of the security deposit. Following joinder of issue, Khalid commenced a third...

Siegel v. Mussabekova (2017)

Siegel v. Mussabekova (2017) New York state

...to issue violations with respect to the apartment, the condition of the apartment when defendants first moved in, the security deposit given to plaintiff, and a date, which was over two months earlier than that to which plaintiff testified, when...

Nazor v. Sydney Sol Group, Ltd., 2025 NY Slip Op 03295 (2025)

Nazor v. Sydney Sol Group, Ltd., 2025 NY Slip Op 03295 (2025) New York state

...modified, on the law, to reinstate that part of the seventh cause of action seeking an accounting of the security deposit and the twelfth cause of action for attorneys' fees under Real Property Law § 234, deem the dismissal of the...

Cohen v. Abruzzo, 2024 NY Slip Op 03163 (2024)

Cohen v. Abruzzo, 2024 NY Slip Op 03163 (2024) New York state

...Pursuant to the lease agreement, the plaintiff was required to pay the Abruzzos a $20,000 security deposit. Shortly after the commencement of the tenancy, the plaintiff advised the Abruzzos, through counsel, that he wished to vacate the premises before...

Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004)

Witherbee Court Associates v. Greene, 7 A.D.3d 699 (2004) New York state

...Her final counterclaim demanded a $2,150 judgment or set-off representing the amount of a security deposit retained by the plaintiff. The case was tried before a jury and, upon the close of evidence, the Supreme Court granted that...

225 East 64th Street, LLC v. Prystowsky, 96 A.D.3d 536 (2012)

225 East 64th Street, LLC v. Prystowsky, 96 A.D.3d 536 (2012) New York state

...its counterclaim for breach of the covenant of quiet enjoyment, and on its counterclaim for the return of its security deposit, unanimously modified, on the law, to grant plaintiffs motion as to defendant’s affirmative defense of accord and satisfaction...

225 East 64th Street, LLC v. Prystowsky, 96 A.D.3d 536 (2012)

225 East 64th Street, LLC v. Prystowsky, 96 A.D.3d 536 (2012) New York state

...its counterclaim for breach of the covenant of quiet enjoyment, and on its counterclaim for the return of its security deposit, unanimously modified, on the law, to grant plaintiffs motion as to defendant’s affirmative defense of accord and satisfaction...

Bartis v. Harbor Tech, LLC, 2016 NY Slip Op 8831 (2016)

Bartis v. Harbor Tech, LLC, 2016 NY Slip Op 8831 (2016) New York state

...The sixth cause of action alleged that the defendant violated General Obligations Law article 7 by commingling the plaintiffs’ security deposits with its own funds. The seventh cause of action sought to recover attorney’s fees, costs, and disbursements. The...

SJB RE Holdings, LLC v. Gifford, 2025 NY Slip Op 03372 (2025)

SJB RE Holdings, LLC v. Gifford, 2025 NY Slip Op 03372 (2025) New York state

...When the Giffords moved out, Better retained their security deposit and certain other credits. Ryan Gifford subsequently commenced an action in Waterford Town Court against Better; Ryan Gifford was later represented in that action by his attorney uncle, defendant Terence...