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FINNERTY v. FREEMAN

176 Misc.2d 220 (1998)

673 N.Y.S.2d 843

Matthew Finnerty et al., Appellants, v. Robert G. Freeman et al., Respondents.

Supreme Court, Appellate Term, Second Department.

March 26, 1998.

Attorney(s) appearing for the Case

Nancy Finnerty Killeen, Bayville, for appellants. Robert G. Freeman, respondent pro se.

DiPAOLA, P. J., PALELLA and LEVITT, JJ., concur.

MEMORANDUM.

Judgment unanimously reversed without costs, and the matter is remanded to the court below for a new trial in accordance with the decision herein.

General Obligations Law § 7-103 (1) provides that a security deposit "shall continue to be the money of the person making such deposit or advance and shall be held in trust by the person with whom such deposit or advance shall be made and shall not be...

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