19 N. VILL. REALTY CORP. v. KOMINOS


3 Misc.2d 768 (1956)

19 North Village Realty Corp., Plaintiff, v. Irene Kominos et al., as Executors and Trustees Under the Will of Olympian Pappas, Deceased, Defendants.

Supreme Court, Trial Term, Queens County.

May 28, 1956.


Attorney(s) appearing for the Case

Harry Weber for plaintiff.

Sullivan & Scholly for defendants.


GEORGE P. STIER, J.

Plaintiff brought this action at law to recover $5,000 which it had deposited with defendants' testator as security under a 30-year lease made on February 28, 1948. The lease is still in force and plaintiff is still in possession of the demised premises. The basis of plaintiff's action is that the deceased landlord commingled or converted the said security in violation of section 233 of the Real Property Law.

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