PEOPLE v. ELLIOTT


65 N.Y.2d 446 (1985)

The People of the State of New York, Appellant, v. Lynn Elliott, Respondent.

Court of Appeals of the State of New York.

Decided July 5, 1985.


Attorney(s) appearing for the Case

Neal P. Rose, District Attorney (Biagio J. DiStefano of counsel), for appellant.

Thomas L. Atkinson for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in Per Curiam opinion.


Per Curiam.

Defendant, as landlord, collected security deposits in the sum of $100 from each of 139 tenants in a housing project owned by him. Upon the appointment of a receiver in a foreclosure action and a demand by the receiver that defendant turn over to him all security deposits as required by General Obligations Law § 7-105, defendant responded that he no longer was in possession of the deposits. Defendant was...

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