Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's motion for partial summary judgment is denied.
In January 2003 the plaintiffs leased one of the apartments in a two-family home (hereinafter the subject property), then owned by Lawrence Scudder, the defendant's decedent. The lease provided for a monthly rental in the sum of $2,300, and recited that the decedent had received the sum of $4,600 as a security deposit...
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