TaiLexi AI U.S. Case Law

Mendelson-Silverman, Inc. v. Malco Trading Corp.

Mendelson-Silverman, Inc., Landlord v. Malco Trading Corporation, Tenant, Appellant " John Doe," Name Being Fictitious, Party Intended Being the Tenant in Possession of Delicatessen Store in Premises 1620 Kings Highway, Brooklyn, and Others, Undertenants

Mendelson-Silverman, Inc. v. Malco Trading Corp., 238 A.D. 852 (1933)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
March 15, 1933
Citations
238 A.D. 852

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Order of Appellate Term reversing judgment of the Municipal Court in favor of the defendant tenant, dismissing said defendant’s counterclaim and directing judgment for plaintiff unanimously affirmed, with costs. Under the terms of the lease there was no obligation upon the part of the landlord to hold the security money as a trust fund prior to six months of the expiration of the lease. That time has not arrived. When the parties to a lease by its express terms have excluded the security deposit from a trust relationship, and as to it have established between landlord and tenant the debtor and creditor relationship, the court may not interfere. Present — Lazansky, P. J., Kapper, Carswell, Scudder and Davis, JJ. [146 Mise. 215.]

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1933: 11934: 21935: 11936: 11937: 119332026peak 1934 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list