GEREL CORP. v. PRIME EASTSIDE


12 A.D.3d 86 (2004)

783 N.Y.S.2d 355

GEREL CORP. et al., Respondents, v. PRIME EASTSIDE HOLDINGS, LLC, et al., Appellants

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

October 19, 2004.


Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale (Cheryl F. Korman and Evan H. Krinick of counsel), for appellants.

Stroock & Stroock & Lavan LLP, New York City (Kevin L. Smith of counsel), for respondents.

SAXE, J.P., WILLIAMS, FRIEDMAN and MARLOW, JJ., concur.


OPINION OF THE COURT

SULLIVAN, J.

This appeal presents the issue of whether plaintiffs, the successor landlords to which the three subject properties had been surrendered when defendants, the net lessees, defaulted on their lease obligations, have a private right of action under General Obligations Law § 7-105 to recover the tenants' security deposits.

On June 19, 2001, defendant Prime Eastside Holdings, LLC entered into 50-year net leases with...

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