STUARCO, INC. v. SLAFBRO REALTY


30 A.D.2d 80 (1968)

Stuarco, Inc., Respondent, v. Slafbro Realty Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 6, 1968.


Attorney(s) appearing for the Case

Jacobs & Rubin (Milton D. Jacobs and Isaac Rubin of counsel), for appellant.

Marc Bazin for respondent.

BELDOCK, P. J., CHRIST, BENJAMIN and MARTUSCELLO, JJ., concur.


MUNDER, J.

The principal question presented in this appeal is whether a tenant is entitled to the interest actually earned on a security deposit where the operative lease makes no provision for the payment of interest by the landlord on the security deposit.

In 1950 the tenant, the plaintiff in this action, deposited $4,800 with its landlord, the defendant herein, pursuant to the terms of a 10-year written...

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