ROSE CONTAINER CORP. v. LIEBERMAN


42 Misc.2d 581 (1964)

Rose Container Corporation, Respondent, v. Howard D. Lieberman et al., Appellants.

Supreme Court, Appellate Term, Second Department.

February 20, 1964


Attorney(s) appearing for the Case

Baar, Bennett & Fullen (Leonard M. Wallstein of counsel), for appellants. Lester Alan Baron for respondent.

Present: BROWN, GULOTTA and GROAT, JJ.


Per Curiam.

Plaintiff's action for return of security deposited under the terms of the lease between the parties is premature. Having breached the lease, plaintiff's liability under its terms survived the date fixed in defendants' notice of termination and continues to the expiration date fixed in the lease (Hand v. Rifkin, 263 N.Y. 416; International Pub. v. Matchabelli, 260 N.Y. 451; Matter of Homann...

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