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GLASS v. JANBACH PROPS

73 A.D.2d 106 (1980)

Stuart M. Glass, as Assignee for the Benefit of Creditors of Claudia Costumes, Inc., Respondent, v. Janbach Properties, Inc., Appellant

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

March 3, 1980

Attorney(s) appearing for the Case

Maggin & Swan (Alfred J. Swan of counsel), for appellant.

Steven K. Meier for respondent.

MOLLEN, P. J., COHALAN and WEINSTEIN, JJ., concur.

O'CONNOR, J.

In this action by an assignee for the benefit of creditors against the landlord of a tenant-assignor that has breached its lease, the question presented is whether the landlord may retain the security deposit in its possession or whether it must return the deposit to the assignee and then file a claim for damages suffered as a result of the breach of the lease in the same manner as any other general...

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