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McMASTER v. PEARSE

9 Misc.3d 964 (2005)

804 N.Y.S.2d 640

MARK T. McMASTER et al., Plaintiffs, v. JOHN PEARSE et al., Defendants.

Civil Court of the City of New York, New York County.

September 19, 2005.

Attorney(s) appearing for the Case

Charles E. Boubol, P.C., for plaintiffs.

Itkowitz & Harwood, New York City (Jay B. Itkowitz of counsel), for Janina Pearse, defendant.

OPINION OF THE COURT

DIANE A. LEBEDEFF, J.

Plaintiffs seek to recover their security deposit for a residential rental unit. This matter poses the unexpectedly novel issue regarding jointly owned real property of the extent to which each co-owner has individual responsibility and accountability for the proper treatment and potential return of a leasehold security deposit.

In May of 2003, defendant...

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