HAIMOWITZ v. LORINTZ


13 Misc.2d 448 (1958)

Irving Haimowitz, Appellant, v. Alexander Lorintz et al., Doing Business as Hotel Peerless Co., Respondents.

Supreme Court, Appellate Term, Second Department.

June 17, 1958.


Attorney(s) appearing for the Case

Thomas Bress for appellant.

David Berg and Ronald S. Konecky for respondents.

Concur — PETTE, HART and BROWN, JJ.


Per Curiam.

Plaintiff made out a prima facie case for the return of the security deposit. No accord and satisfaction resulted from the retention by plaintiff of that part of his security which was returned to him. The money returned was him own (Real Property Law, § 233) and was conceded by the defendants to be due to plaintiff in any event (Hudson v. Yonkers Fruit Co., 258 N.Y. 168; Eames Vacuum Brake Co., v. Prosser, 157 N.Y. 289).

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